account variation
in the stock and around 14% cut by applying average
clause. Complainant's further grievance is that its
functionaries had not been ... variation. As regards the cut made, on
account of average clause, it is stated that
complainant claimed a sum of `64,53,000/-, on
account
acted
contrary to the settled rules by denying the application of average
clause while assessing the damage to the building as per the Surveyors
Report ... there from a sum of Rs.6425.00 holding that the
Average Clause was applicable and thus assessed the Insurers net Liability at
Rs.27575
against a sum insured of Rs.2,19,400/-, and therefore, average clause
was applicable as the insured had not insured whole of the jewellery ... that the District Forum has erred in holding that
the "average clause" would not be applicable as the same has been
specifically excluded
loss of Rs.6,20,025/- was assessed and
after applying average clause, total loss of Rs.3,33,255/- was assessed.
The average clause ... filed on the grounds that the District Forum
observed that the average clause was rightly applied, but still allowed
the entire claim. The surveyor
tksMuss ij 97]287@&:i;s
ij Average clause
yxkus ds ckn 87]252@&:i;s Dyse ns; ik;s] fdUrq ifjoknh ... Loss
dk
vkadyu 84]760@&:i;s ij Average
clause
yxkus ds ckn 65]262@&:i;s Dyse ns; ik;s] fdUrq
ifjoknh
rounded off to Rs.19,19,077 after application of average clause. Under the head average clause, the loss assessor explained that he applied average ... invites average clause.
A perusal of the insurance policy made it clear that there is no clause like average clause in the policy. Therefore
years old and deducted the amount on the basis
of average clause mentioned in the policy. It is further pleaded
that sum of Rs.26000 ... years old and Surveyor-cum-loss assessor has applied
average clause mentioned in the policy and reduced the
amount by 73.90%. There is further recital
goods were much more than
that, therefore, the surveyor applied the average clause and
ultimately he assessed the loss at Rs. 55,987/- to which ... tune
of Rs. 1,50,300/- after applying the average clause. The loss
payable was said to be Rs. 55,986/-. The main grouse
Thus, there was under
insurance, hence average clause was applicable. After deducting the
amount of depreciation; salvage value and after applying average clause ... less than the value of
Rs. 27,05,190.99/-, therefore, average clause was applicable and further
that taking into consideration the year of construction
coverage was not adequate
hence average clause was applicable in this case. The average of
the loss of the complainant was calculated ... only. The coverage is not adequate and the
average clause will apply with the following ratio:
26,00,000/92,37,514= 0.28 and surveyor
