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
amount of the
loss or damage and the liability of the
Company shall not exceed:
a) for total loss/constructive total loss
of the vehicle ... value of the wreck.
b) for partial losses, i.e. losses other than
Total Loss/Constructive Total Loss of
the vehicle – actual and reasonable
costs
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
inquiry is limited to the question whether the
contract was so constructed that loss was
inherent and implicit in it; if so, it ought
there was a total loss of a part of each
owner's cotton or whether there was a total loss of the
plaintiffs ... actual total loss of the
plaintiffs' consignment nor a constructive total loss of
these, that the principle of proportion applied in cases of
general
difference between marine insurance policies which extend
cover only against marine losses or maritime perils (as enumerated) and
marine `extra' insurance policies which extend cover ... this Court held that a claim
by way of constructive total loss on account of a ship being stranded on sea
on account
Formula One World Championship Ltd vs Commissioer Of Income Tax, ... on 24 April, 2017
Equivalent
hull sustain damage not amounting to total or constructive or
compromised total loss, this Contract shall not be invalidated in
any way. But such damage ... deemed
to become at any time a total or constructive, arranged or
compromised total loss the Builder shall refund to the Owner the
instalments
