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1 - 10 of 11 (0.22 seconds)The Consumer Protection Act, 1986
The Insurance Act, 1938
New India Assurance Co. Ltd vs Pradeep Kumar on 9 April, 2009
It was contended that
all relevant documents, including stock statements, invoices, valuation
reports, and auditor certified records, were duly furnished, and the
surveyor‟s own report acknowledged the incident and destruction,
making repudiation unsustainable. It was further argued that there is no
specific exclusion barring loss of sponge iron due to fire. There is no
ambiguity in policy terms which must be interpreted in favour of the
insured, and that once fire and loss are admitted, the burden lies on the
insurer to strictly prove applicability of exclusions, which has not been
done. The rejection of the claim by the OP was arbitrary, contrary to
policy terms, and amounted to deficiency in service and unfair trade
practice, entitling the Complainant to indemnification of ₹2,46,06,000/-
along with interest @18% per annum and damages of ₹50,00,000/- for
financial loss, hardship, and harassment caused by the OP. He relied
upon National Insurance Company Ltd vs Ishar Das Madan Lal reported
(2007) 4 SCC; National Insurance Company Ltd. vs. Vedic Resorts and
Hotels Pvt. Ltd. reported (2023) 12 SCC 823; New India Assurance
Company Ltd. vs. Pradeep Kumar reported (2009) 7 SCC 787; Haris
Marine Products vs. Export Credit Guarantee Corporation reported
2022 SCC Online 509; and Historical Weather Data of Kiccha District
(Uttarakhad, India) for the months of May and June in the year 2017
and for the 6th of June from the years 2009 to 2025;
Haris Marine Products vs Export Credit Guarantee Corporation ... on 25 April, 2022
It was contended that
all relevant documents, including stock statements, invoices, valuation
reports, and auditor certified records, were duly furnished, and the
surveyor‟s own report acknowledged the incident and destruction,
making repudiation unsustainable. It was further argued that there is no
specific exclusion barring loss of sponge iron due to fire. There is no
ambiguity in policy terms which must be interpreted in favour of the
insured, and that once fire and loss are admitted, the burden lies on the
insurer to strictly prove applicability of exclusions, which has not been
done. The rejection of the claim by the OP was arbitrary, contrary to
policy terms, and amounted to deficiency in service and unfair trade
practice, entitling the Complainant to indemnification of ₹2,46,06,000/-
along with interest @18% per annum and damages of ₹50,00,000/- for
financial loss, hardship, and harassment caused by the OP. He relied
upon National Insurance Company Ltd vs Ishar Das Madan Lal reported
(2007) 4 SCC; National Insurance Company Ltd. vs. Vedic Resorts and
Hotels Pvt. Ltd. reported (2023) 12 SCC 823; New India Assurance
Company Ltd. vs. Pradeep Kumar reported (2009) 7 SCC 787; Haris
Marine Products vs. Export Credit Guarantee Corporation reported
2022 SCC Online 509; and Historical Weather Data of Kiccha District
(Uttarakhad, India) for the months of May and June in the year 2017
and for the 6th of June from the years 2009 to 2025;
Sri Venkateswara Syndicate vs Oriental Insurance Co. Ltd. & Anr on 24 August, 2009
19. The role, relevance and evidentiary value of a surveyor‟s report
have been authoritatively stated by the Hon‟ble Supreme Court in Sri
Venkateshwara Syndicate v. Oriental Insurance Company Limited
(2009) 8 SCC 507, wherein it was held that surveyor reports, being
statutorily mandated, are required to be accorded due weight and
cannot be lightly disregarded unless shown to suffer from inherent
defects, arbitrariness or perversity. The Hon‟ble Supreme Court has
further observed as under:
Section 21 in The Consumer Protection Act, 1986 [Entire Act]
Khatema Fibres Ltd. vs New India Assurance Company Ltd. on 28 September, 2021
20. The legal position has been reiterated by the Hon‟ble Supreme
Court in Khatema Fibres Ltd. v. New India Assurance Company Ltd.
(2021 SCC OnLine SC 818), wherein it has been held that:
National Insurance Co. Ltd vs M/S Ishar Das Madan Lal on 20 February, 2007
It was contended that
all relevant documents, including stock statements, invoices, valuation
reports, and auditor certified records, were duly furnished, and the
surveyor‟s own report acknowledged the incident and destruction,
making repudiation unsustainable. It was further argued that there is no
specific exclusion barring loss of sponge iron due to fire. There is no
ambiguity in policy terms which must be interpreted in favour of the
insured, and that once fire and loss are admitted, the burden lies on the
insurer to strictly prove applicability of exclusions, which has not been
done. The rejection of the claim by the OP was arbitrary, contrary to
policy terms, and amounted to deficiency in service and unfair trade
practice, entitling the Complainant to indemnification of ₹2,46,06,000/-
along with interest @18% per annum and damages of ₹50,00,000/- for
financial loss, hardship, and harassment caused by the OP. He relied
upon National Insurance Company Ltd vs Ishar Das Madan Lal reported
(2007) 4 SCC; National Insurance Company Ltd. vs. Vedic Resorts and
Hotels Pvt. Ltd. reported (2023) 12 SCC 823; New India Assurance
Company Ltd. vs. Pradeep Kumar reported (2009) 7 SCC 787; Haris
Marine Products vs. Export Credit Guarantee Corporation reported
2022 SCC Online 509; and Historical Weather Data of Kiccha District
(Uttarakhad, India) for the months of May and June in the year 2017
and for the 6th of June from the years 2009 to 2025;
National Insurance Company Ltd. vs Vedic Resorts And Hotels Pvt. Ltd. on 17 May, 2023
It was contended that
all relevant documents, including stock statements, invoices, valuation
reports, and auditor certified records, were duly furnished, and the
surveyor‟s own report acknowledged the incident and destruction,
making repudiation unsustainable. It was further argued that there is no
specific exclusion barring loss of sponge iron due to fire. There is no
ambiguity in policy terms which must be interpreted in favour of the
insured, and that once fire and loss are admitted, the burden lies on the
insurer to strictly prove applicability of exclusions, which has not been
done. The rejection of the claim by the OP was arbitrary, contrary to
policy terms, and amounted to deficiency in service and unfair trade
practice, entitling the Complainant to indemnification of ₹2,46,06,000/-
along with interest @18% per annum and damages of ₹50,00,000/- for
financial loss, hardship, and harassment caused by the OP. He relied
upon National Insurance Company Ltd vs Ishar Das Madan Lal reported
(2007) 4 SCC; National Insurance Company Ltd. vs. Vedic Resorts and
Hotels Pvt. Ltd. reported (2023) 12 SCC 823; New India Assurance
Company Ltd. vs. Pradeep Kumar reported (2009) 7 SCC 787; Haris
Marine Products vs. Export Credit Guarantee Corporation reported
2022 SCC Online 509; and Historical Weather Data of Kiccha District
(Uttarakhad, India) for the months of May and June in the year 2017
and for the 6th of June from the years 2009 to 2025;