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1 - 6 of 6 (0.25 seconds)Section 45 in The Indian Evidence Act, 1872 [Entire Act]
Consumer Protection Act, 2019
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:
Khatema Fibres Ltd. vs New India Assurance Company Ltd. on 28 September, 2021
In Khatema Fibers Limited Vs. New India Assurance Insurance
Company Limited (V (2021) SLT 617), it has been held by the
Hon'ble Supreme Court as under:
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.
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