BEFORE THE
F.A.No.844 OF 2011 AGAINST C.C.NO.57 OF 2010 DISTRICT FORUM-II VIJAYAWADA AT KRISHNA DISTRICT
Between:
1. M/s Bajaj Allianz General Insurance GE Plaza, Airport Road,2. M/s Bajaj Allianz General Insurance 2nd
M/s Associated Auto Service Bypass Road Junction,
Counsel for the Appellant Counsel for the Respondent
QUORUM:
SRI THOTA ASHOK KUMAR, HON’BLE MEMBER
Oral Order (As per Sri
1. `8
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3. `8,00,000/- and to the effect issued certificate.
4. had not furnished
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10. to claim the sum assured under the insurance policy.
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3.3
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15. `2
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“The insured shall expeditiously provide the Company and its representatives and appointees with all the information, assistance, records and documentation that they might reasonably require.”
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1.
2. st
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19. `2`10,00,000/-. The quantum of the loss is to be limited to the sum assured as per clause under the title “Cover” in the insurance policy which prescribes the amount insured as under:
Basis of Loss settlement
3.3.2.1
3.3.2.2.
3.3.2.3
3.3.3
3.3.4 4.3.
20. `2 `8,00,000/-.
21.
Fire
Lighting,
Explosion/Implosion,
Aircraft Damage,
Riot, Strike, Malicious Damages & Terrorism,
Storm, Tempest, Cyclone, Typhoon, Hurricane, Tornado, Flood and inundation,
Impact damage
Subsidence, Landslide and Rock slide
MissileBush Fire
Bursting and/or overflowing of Water Tanks, Apparatus and Pipes
Leakage from Automatic Sprinkler Installations.”
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24. n “Oriental Insurance Co. Ltd.
“The insurance policy between the insurer and the insured represents a contract between the parties. Since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms of the agreement have to be strictly construed to determine the extent of liability of the insurer. The insured cannot claim anything more than what is covered by the insurance policy.”
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“Thus, it needs little emphasis that in construing the terms of a contract of insurance the words used therein must be given paramount importance and it is not open for the Court
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కె.ఎం.కె*
