lodged; (5) the
plaintiff has not been able to prove constructive
loss by reason of abandonment; (6) that by reason
of Sections ... Bihar &
Anr. 2006 (11) SCALE 665]
Interpretation of 'constructive loss' contained in Section 60 is subject
to any express provision
very weak state. The launch should be reckoned as constructive total loss, and it was uneconomic to repair it and the plaintiff at best, could ... however, found that the launch was not a constructive total loss but a partial loss. He also found that the estimated cost of repairs
follows:
"Where by a peril insured against there is a constructive total loss and no notice of abandonment is given, then ... unbroken sequence of events following upon the peril insured against the constructive total loss becomes an actual total loss-as, for instance, if there
arrival.
6.1 There are, thus, two main grounds on which a constructive loss may be founded. The assured may, by the perils insured against ... June/July, 1988 that the goods were actually lost. The constructive loss by way of abandonment can be proved only if the insured is able
value of the Aircraft, the
Aircraft would be considered as a Constructive Total Loss and
in such an event, the defendant would be liable ... agreed value, then, the
Aircraft is to be considered a constructive total loss and the
plaintiff is entitled to full insured value of the Aircraft
Valiant Driller, and the Rig has been declared as a
"Constructive Total Loss". In view of the Rig being declared a "Constructive ... damaged by the Cyclone and which
has been declared as "Constructive Total Loss" by the insurance underwriter
and deemed not viable for revival
recoverable under the insurance policy in the event of a total loss or constructive total loss of a particular machinery/equipment will be after taking ... resulting from an internal cause and is therefore decared to be constructive total loss. As explained settlement of the claim will be on the basis
court entirely misconstrued the terms of policy and
erroneously concluded that the loss was caused due to perils
of the sea. It was submitted ... warehouse at Vishakhapatnam to warehouse at Calcutta and as
there was constructive loss of all the goods the plaintiff
was entitled to a decree
following effect :-
“GROSS LOSS Both types of claim settlement
possibilities viz. in Partial Loss and
Constructive Total Loss basis were
explored. Finally, it was established ... insured value. Hence, we have
considered it as case of Constructive
Total Loss.
Considering the above, the Gross Loss
comes around
attached with a specific condition, `but to
cover and/or Constructive Total Loss only' including
salvage and sue and labour and expenses ... appellant
Insurance Company that there was no `total and/or
constructive loss' as defined under Sections 57 and 60
10
of the Marine Insurance
