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Search Results for "surveyor report"

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Supreme Court

Supreme Court Allows Insurance Claim in Fire Damage Case — Surveyor Reports Cannot Be Ignored Without Valid Reasons. Appointment of Multiple Surveyors Without Justification Leads to Adoption of First Surveyor's Report Under Section 64UM of Insurance Act, 1938.

1 May 2019

The case involves a dispute between M/s New India Assurance Co. Ltd. (Insurance Company) and M/s Luxra Enterprises Pvt. Ltd. (Complainant), an industr...

Supreme Court

Supreme Court Upholds National Commission's Decision in Insurance Claim Dispute Based on Surveyor's Report. Compensation Confined to Surveyor's Assessment Under Section 64UM(2) of Insurance Act, 1938 Due to Discrepancies in Appellant's Stock Records and Use of Volumetric Analysis.

28 Sep 2021

The Supreme Court of India heard a civil appeal arising from a judgment of the National Consumer Disputes Redressal Commission. The appellant, Khatema...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Fire Policy Coverage for Damaged Machinery Upheld. Surveyor's Report Not Binding on Insured; Insurer Cannot Repudiate Claim Based on Surveyor's Assessment Without Independent Grounds.

16 May 2023

The appellant, M/s Super Label Mfg. Co., a registered partnership firm engaged in printing high technology labels, imported sophisticated printing mac...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Constructive Total Loss of Hydraulic Excavator Entitles Insured to Full Sum Insured Without Deduction for Underinsurance or Depreciation Applied at Renewal. The Court held that the insurer cannot apply underinsurance or double depreciation when the sum insured was fixed by the insurer at renewal without a fresh proposal form.

1 Feb 2019

The appellant, Sumit Kumar Saha, purchased a Volvo Hydraulic Excavator on 27.03.2007 for Rs.51,74,000/- and insured it with the respondent, Reliance G...

High Court

Bombay High Court Dismisses Insurance Company's Challenge to Arbitral Award in Trust and Coverage Dispute. Majority Award Upheld as Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

21 Jan 2013

The petitioner, The New India Insurance Company Limited, challenged an arbitral award dated 27 July 2009 passed by a three-member Arbitral Tribunal un...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute Over Spontaneous Combustion Loss — Holds That Appointment of Surveyor Without Caveat Constitutes Waiver of Condition Regarding Timely Intimation. The Court remanded the matter to NCDRC for fresh consideration on merits, finding that the insurer waived its right to raise the defence of delayed intimation by appointing a surveyor and not mentioning the delay in the repudiation letter.

13 Dec 2019

The appellant, Saurashtra Chemicals Ltd. (now Saurashtra Chemicals Division of Nirma Ltd.), purchased a standard fire and special perils policy from t...

Supreme Court

Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

4 Oct 2019

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

Supreme Court

Supreme Court Dismisses Insurer's Appeal in Consumer Dispute Over Fire Insurance Claim Limitation and Assessment. Complaint was within limitation as cause of action was continuing due to insurer's subsequent actions like appointment of investigator and correspondence, under Section 24A of Consumer Protection Act, 1986, and NCDRC's award based on surveyor's report was upheld.

18 Aug 2021

The dispute arose from a fire insurance claim where the insured, a manufacturer, suffered total destruction of plant, machinery, and stock due to a fi...

Supreme Court

Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

18 Jul 2024

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

High Court

High Court of Karnataka Allows Appeal in Insurance Subrogation Case — Appellant Not Liable for Consignee's Loss Without Privity of Contract. The court held that a carrier cannot be held liable for damages to goods where the consignor had no insurable interest and the consignee was not a party to the contract of carriage.

17 Jun 2019

The appellant, M/s. Blue Dart Express Ltd., was the defendant in a suit filed by respondents M/s. Entel Limited (plaintiff No.1) and United India Insu...

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