loss or damage and the liability of the Company shall
not exceed:
a) for total loss/constructive total loss of the vehicle
- the Insured ... 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
decided to
assess the loss, consequent to the fire incident as constructive total loss of the
equipment.
There was no allegation of arson. There ... claim. The Surveyor assessed loss and net payable amount as follow:
Constructive total loss : Rs.11,95,70,780/-
Deduction towards dismantling
under-insurance clause, leading to a
proportionate reduction of the Net Assessed Loss. Therefore, the
mathematical algorithm the surveyor invoked to inflate the gross profit ... certain components and the alleged absence of a total or
constructive loss of the transformers. The same is, therefore, justified.
13. As regards the contention
under-insurance clause, leading to a
proportionate reduction of the Net Assessed Loss. Therefore, the
mathematical algorithm the surveyor invoked to inflate the gross profit ... certain components and the alleged absence of a total or
constructive loss of the transformers. The same is, therefore, justified.
13. As regards the contention
cost was
more than the IDV, the claim was considered on Constructive Total Loss. For the
said purpose, the wreck value was assessed based ... cost involved in restoring the claim was treated on total loss/salvage
loss basis under the terms and conditions of the policy, as per which
insured
vehicle. So the case is fit for constructive Total Loss".
17. Since the surveyor, in his report (Annexure OP-
1/3) has specifically ... insured vehicle, the vehicle of the
complainant is declared as "Constructive Total Loss",
therefore, the complainant is entitled for IDV of the vehicle
lacs was provided by HLL for supporting
patients with memory loss by constructing a clinic. The activity comes under the
area "promoting health care
refloat the vessel failed and the owner
declared it a constructive total loss. The insurer treated the vessel
as a wreck and transferred
Constructions Ltd. 7/47
under the required quality. That the defendant company has
calculated the loss due to the supply of the sub-standard ... Tech Pipes Ltd. Vs. M/s KMC Constructions Ltd. 13/47
such huge loss due to any fault or deficiency on part of the Plaintiff
more than a
such interference will cause unnecessary loss to the public exchequer. (See Silppi Constructions
Contractors v. Union of India [Silppi Constructions Contractors ... tender process at this stage may consume lot of time and also loss to
the public exchequer to the tune of crores of rupees
