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Thakkar Exim vs Tata Aig Gen . Ins. Co. Ltd on 13 March, 2023 cites

Bajaj Allianz General Insurance Co. ... vs The State Of Madhya Pradesh on 24 April, 2020

Regarding claim admissibility under clause ICC-B, he submits that surveyor in his report nowhere asserted that there was entry of sea, lake or river water in the container. There is no document even from shipper to prove that there was entry of sea, lake or river water. It is in these circumstances, he submitted that claim is not payable under policy and repudiation was justified. He relies upon judgment of Hon'ble Supreme Court in the matter between Bajaj Allianz Gen. Insurance Co. vs State of Madhya Pradesh reported in AIR-2020-SC-2237 and Parthbhai Ganatra vs Tata AIG Gen. Insu. Co reported at 2018-3-CPJ-450(NC). He finally submits that complaint should be dismissed as no deficiency in service proved.
Supreme Court of India Cites 2 - Cited by 11 - D Y Chandrachud - Full Document

Parthbhai Pravinbhai Ganatra vs Tata Aig General Insurance Co. Ltd. on 7 June, 2018

Surprisingly, if the said peril is caused because of another peril than it would have been covered within the scope of policy is the condition. Thus, finding of surveyor does not inspires credibility to rely upon. In this case, it is all risk policy, therefore, unless the insurer establishes excluded coverage substantially, benefits always goes in favour of insured. The another judgment he referred is Parthbhai Ganatra vs Tata AIG Gen. however in this case, the surveyor had carried out silver nitrate test to ascertain whether consignment was affected by sea water and it was found that it was not because of sea water. In the case in hand, no such test was carried out therefore factually it differs. Both these judgments are not helpful to insurer and therefore insurer failed to prove that loss was because of excluded peril and we therefore pass following order:
National Consumer Disputes Redressal Cites 0 - Cited by 4 - Full Document
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