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M/S Sanginita Chemicals Ltd vs The New India Ass Co Ltd on 11 September, 2023 cites

Manmohan Nanda vs United India Insurance Co. Ltd. . on 6 December, 2021

In case of Manmohan Nanda Vs. United India Assurance Co. Ltd (Civil Appeal No. 8386 of 2015 on 06/12/21)the Hon'ble Supreme Court observed that the duty of insured to observe Utmost Good Faith is enforced by requiring him to respond to seek all relevant information in a completely true and correct facts. In the instant case, first issue raised by opponent Insurance Company relates to stock in process that was exists on the date of loss. The Insurance Company relied upon letter of complainant dated 14/11/2014 addressed to the surveyor (at page 141 on record) reads as under:
Supreme Court - Daily Orders Cites 19 - Cited by 28 - Full Document

Ramesh Chandra Agrawal vs Regency Hospital Ltd. & Ors on 11 September, 2009

Therefore, we are of the opinion that there is no sufficient material to discard observation made by statutory surveyor. Even otherwise also in Ramesh Chandra Agrawal Vs. Regency Hospital Ltd (2009 4 CPJ 27 (Sc)) the Supreme Court had an occasion to explain how expert opinion should be considered. It is observed that the law of evidence is designed to ensure that the Court consider only that evidence which will enable it to reach a reliable conclusion. The first and foremost requirement for expert evidence to be admissible is that it is necessary to hear the expert evidence. The test is that the matter is outside the knowledge and experience of the lay person. Thus, there is a need to hear an expert opinion where there is a technical issue to be settled. The scientific question involved is assumed to be not within the Court's knowledge. Thus, cases where the science involved, is higher specialized and perhaps, even esoteric, the central role of expert cannot be disputed. If we read the provision under section 45 of the Evidence Act, which makes opinion of expert's admissible lays RNM cc392016 Page 17 of 24 down, that, when the Court has to form an opinion upon a point of foreign law, or science, or art, or as to identity or handwriting or finger impressions, the opinions upon that point, persons especially skilled in such foreign law, science, or art, or in questions as to identity of handwriting, or finger impressions are relevant facts. Therefore, in order to bring the evidence, the evidence of a witness as that of an expert, it has to be shown that he has made a special study of a subject or acquired a special experience therein or in other words that he is skilled and has adequate knowledge of the subject.
Supreme Court of India Cites 7 - Cited by 161 - H L Dattu - Full Document
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