Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Insurance claim repudiated Complaint before State Consumer Commission s.9 of IRDA Regulations 2002 Insurance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Insurance Act, 1938 (4 of 1938) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Insurance:Insurance claim – Case of the insured was that while the rice mill (insured property) was in operation, a lorry collided with the boiler unit which resulted in collapse of the boiler unit causing damage estimated at Rs. 76 lakhs – Preliminary survey was conducted within a week which suggested appointment of structural expert – Thereafter Structural Expert was appointed who in his report opined that the accident was as a result of exceeding the load carrying capacity and due to breach in storage capacity of the system and not due to the reason as stated by the insured – Investigation was also conducted which agreed with the previous report – Thereafter surveyor licenced by IRDA was appointed, who in his final survey report opined that structure had collapsed due to overload – Insurance claim repudiated – Complaint before State Consumer Commission was dismissed – In appeal, National Consumer Commission awarded insurance claim holding that delayed submission of reports was in breach of provisions of s.9 of IRDA Regulations, 2002 – Appeal to Supreme Court – Held: Though under Section 64- UM(2) of Insurance Act, it is not open to insurer to appoint a succession of surveyors with a view to obtain a tailor- made report – There is no absolute prohibition on the insurer appointing more than one surveyor – In the present case all the reports maintained a consistent line of reasoning with regard to nature and genesis of the incident – There exists no malafide on part of the insurer – National Commission has not acted reasonably in overturning the well considered decision of State Commission – Insurance Act, 1938 – s. 64-UM(2) – Insurance Regulatory and Development Authority of India (Protection of Policy holders’ Interest) Regulations, 2002 – Regulation 9. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 71 |
Petitioner | The New India Assurance Co. Ltd. |
Respondent | Sri Buchiyyamma Rice Mill & Anr. |
SCR | [2020] 3 S.C.R. 549 |
Judgement Date | 2020-01-21 |
Case Number | 504 |
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