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
entitled to the total IDV and this is a
case of constructive total loss. As the insurance company has
now joined the proceedings, their point ... policy period without any further depreciation for the purpose of total
loss/constructive total loss claims. As per terms of policy, OP has to
consider
about the loss sustained by the
appellant as total constructive loss as per the provisions of
India Motor Tariff which amounts to admission as
contemplated ... insured declared value, then it should
be construed as a total constructive loss and the insurance company is liable
to pay the insured declared value
3119085750,
dt.13.04.2019 under the category of Total Loss or Constructive Total
1/6
https://www.mhc.tn.gov.in/judis ... vide Claim No.3119085750,
dated 13.04.2019 under the category of Total Loss or Constructive
Total Loss as per the final Survey Report, dated 10.06.2019 submitted
complainant. After verifying all
the documents surveyor has considered the loss as constructive total
loss and held that the same is covered under the policy ... exceeds the Insured
Value, hence this loss can be considered as CONSTRUCTIVE TOTAL LOSS
(CTLO). In our opinion, salving of the barge then repairing
calculating the compensation
the car is required to be treated as constructive total loss.
19. The claimant has produced copy of policy at page ... depreciation as shown below is
applicable for the purpose of Total loss/constructive Total loss
(TL/CTL) claims only.
AGE OF VEHICLE % OF DEPRECIATION
wIFG NMZTF\ H6FJ[, S[4 Constrictive total loss V\U[ GLR[
D]HA H6FJ[, K[P
IDV shall be treated as the 'Market Value ... policy period
without any further depreciation for the purpose of Total Loss (TL) / Constructive
Total Loss (CTL) claims.
The insured vehicle shall be treated
plaintiff since the insurance policy taken by the plaintiff
clearly excludes any loss/damage or expenses that arise on account of an
unseaworthiness ... claim of the plaintiff therein against the defendant Insurance
company towards constructive total loss that had occurred owing to the
vessel not reaching the port
also, if advised, decide
to declare the vessel as a constructive total loss. Mr. Thakker who is
appearing with Mr. Narichania states that applicant
that is unascertainable.
It is submitted that your appellant has provided for loss likely to
be incurred on the execution of the particular order ... contracts
for construction of power plants that it had undertaken to
construct. The loss so claimed was Rs.93,59,927/- as per the
order
