vehicle was re-started and run after the engine damage. The present damage is a consequential damage after the initial damage, which is the negligence ... with the initial damage of entering water into the engine, which caused the present damage and is consequential damage only which cannot be covered under
pleaded that
connecting rod of vehicle was bent which caused
consequential damage to engine assembly and case of
complainant fall under hydrostatic lock concept ... recital in affidavit that connecting rod was bent
which caused further consequential damage to engine
assembly. There is recital in affidavit that present matter
heated up and the same got seized hence, the
same is consequential damage in nature and is not payable under the terms and
conditions ... Saluja Motors Pvt. Ltd.
It is contended that consequential damage is not covered under the policy,
hence, nothing is payable. Hence, it was denied that
such breakdown or regangement an accident
occurs causing external damage, such consequential damage will be
indemnifiable.". The above clause is comprehensible leaving no room ... such breakdown or regangement an accident occurs causing external
damage, such consequential damage will be indemnifiable."
18. Shri Sunil Surana, Preliminary Surveyor
damaged radiator assembly and that the coolant had been leaked due to the damage caused to the radiator assembly. The approved Surveyor assessed the consequential ... complainant in preventing further damage to the insured vehicle. The materials on record would show that the damaged vehicle sustained consequential loss or damage only
covered as it
is a consequential loss and the policy does not cover the consequential damage.
I have instructed
the repairer to keep open ... made in respect of the damage caused to the vehicle other than the internal
damage or consequential loss.
20. In the result, the appeal
engine, run the vehicle, causing further damage, in order to
say consequential damage, for which the insurance company cannot be held
responsible.
9. Here ... there
is no question, the complainant causing any further damage, or consequential
damage, after the accident, thereby relieving the insurance company. The insurance company having
deputed surveyor to inspect the damage and after assessing the
damage the surveyor has taken the photographs of the damaged cylinder block and
estimated ... damage or loss and if the vehicle be driven
before the necessary repairs are effected any extension of the damage or any
further damage
further stated that OP is not liable for any consequential damage arising out
of delay/loss of baggage and in any case such compensation
duty; (2)
breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only
when damage occurs; for, damage
