Search Results Page

Search Results

1 - 8 of 8 (0.25 seconds)
Khatema Fibres Ltd. vs New India Assurance Company Ltd. on 28 September, 2021 cites

Sikka Papers Ltd vs National Insurance Co. Ltd. & Ors on 29 May, 2009

15. Justifying the judgment of the National Commission, it is contended by Mr. Joy Basu, learned senior counsel for the respondent that M/S Adarsh Associates were appointed by the respondent as Surveyors to act as such in terms of Section 64UM(2) of the Insurance Act, 1938 and that they have assessed the loss in a scientific manner. As the Surveyors appointed by the respondent are experts in the field, who have gone into every minute detail by examining the records of the appellant scientifically, their report is unassailable. In the case on hand, it was admitted even by the appellant, to Shri Kapil Vaish who conducted spot inspection that there was no physical verification of the stock of raw material in the recent past and that the consumption of 8 raw material was recorded only on estimated yield basis. Therefore, the learned senior counsel for the respondent contended, by drawing our attention to the letter dated 5.12.2007 sent by the appellant that the appellant themselves were adopting volumetric analysis for the quantification of the stock. The learned senior counsel relied upon the decisions of this Court in (i) United India Insurance Company Ltd. And Others vs. Roshan Lal Oil Mills Ltd. And others1; (ii) Sikka Papers Limited vs. National Insurance Company Limited And Others2; and (iii) New India Assurance Company Limited vs. Luxra Enterprises Private Limited And Another.3, in support of his contention that the report of the surveyor is an important document and that Courts may have to show deference to the report of the surveyor appointed in terms of section 64UM(2) of the Act.
Supreme Court of India Cites 7 - Cited by 182 - R M Lodha - Full Document

M/S New India Assurance Co. Ltd vs M/S Luxra Enterprises Pvt Ltd on 1 May, 2019

15. Justifying the judgment of the National Commission, it is contended by Mr. Joy Basu, learned senior counsel for the respondent that M/S Adarsh Associates were appointed by the respondent as Surveyors to act as such in terms of Section 64UM(2) of the Insurance Act, 1938 and that they have assessed the loss in a scientific manner. As the Surveyors appointed by the respondent are experts in the field, who have gone into every minute detail by examining the records of the appellant scientifically, their report is unassailable. In the case on hand, it was admitted even by the appellant, to Shri Kapil Vaish who conducted spot inspection that there was no physical verification of the stock of raw material in the recent past and that the consumption of 8 raw material was recorded only on estimated yield basis. Therefore, the learned senior counsel for the respondent contended, by drawing our attention to the letter dated 5.12.2007 sent by the appellant that the appellant themselves were adopting volumetric analysis for the quantification of the stock. The learned senior counsel relied upon the decisions of this Court in (i) United India Insurance Company Ltd. And Others vs. Roshan Lal Oil Mills Ltd. And others1; (ii) Sikka Papers Limited vs. National Insurance Company Limited And Others2; and (iii) New India Assurance Company Limited vs. Luxra Enterprises Private Limited And Another.3, in support of his contention that the report of the surveyor is an important document and that Courts may have to show deference to the report of the surveyor appointed in terms of section 64UM(2) of the Act.
Supreme Court of India Cites 9 - Cited by 20 - H Gupta - Full Document
1