w w w . L a w y e r S e r v i c e s . i n



New India Assurance Co Ltd. v/s M/s. Coastal Agro Industries Ltd.


Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = L66000MH1919GOI000526

Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = L99999MH1919GOI000526

Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = U99999MH1919GOI000526

Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- COASTAL CORPORATION LIMITED [Active] CIN = L63040AP1981PLC003047

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- COASTAL AGRO INDUSTRIES LIMITED [Active] CIN = U21015AP1981PLC003125

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- COASTAL INDUSTRIES LIMITED [Strike Off] CIN = U15429AP1994PLC017475

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- NEW INDIA INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U99999GJ1980PLC000467

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- COASTAL INDIA CORPORATION PRIVATE LIMITED [Dissolved] CIN = U74999KL1955PTC000297

Company & Directors' Information:- NEW INDIA INDUSTRIES LIMITED [Liquidated] CIN = U99999MH1941PTC003247

Company & Directors' Information:- THE NEW INDIA INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1942PLC007691

Company & Directors' Information:- NEW INDUSTRIES CORPORATION LIMITED [Dissolved] CIN = U99999MH1945PTC004625

    First Appeal No. 780 of 2020

    Decided On, 18 January 2021

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. C. VISWANATH
    By, PRESIDING MEMBER

    For the Appearing Parties: Maibam N Singh, B. Suyodhan, Advocates.



Judgment Text

The present Appeal has been filed against the order dated 06.12.2019 of the Andhra Pradesh State Consumer Disputes Redressal Commission, Vijayawada ('the State Commission') in CC no. 21 of 2015.2. Ia no. 6935 of 2020 is an application for Condonation of Delay. According to the Registry, there is a delay of 260 days, though the Appellant has not mentioned any number in his application. The impugned order of the Andhra Pradesh State Consumer Disputes Redressal Commission at Vijayawada is dated 06.12.2019. The order was received by the Counsel for the Appellant on 30.12.2019. As per the averments made in the application for Condonation of Delay, there was a delay in seeking legal advice and thereafter on 23.03.2020, lock down was declared. Hon'ble Supreme Court in Suo Moto Writ Petition no. 3 of 2020, vide its order dated 23.03.2020, has extended the time for filing any petitions/ applications/ suits/ appeals/ all other proceedings irrespective of the limitations prescribed under general law or special laws whether condonable or not with effect from 15.03.2020 till further order to be passed. In view of the above, the delay is condoned and IA No. 6935 of 2020 is allowed.3. Case of the Complainant/ Respondent is that he has been carrying on agro industries business. A BMW M3 Coupe car bearing registration no. AP 13 R 0009, was purchased from M/s Hetero Labs Limited, Hyderabad for an amount of Rs.57,04,000/-. The Complainant took an Insurance Policy - "Private Car Enhancement Cover Policy" bearing no. 62060331120300003714 for a sum of Rs.58,80,000/- valid from 09.01.2013 to 08.01.2014, from the Appellant/ Opposite Party. On 16.02.2013, when the officials of the Company were proceeding to Bangalore from Hyderabad in the car, at Shamshabad, Ranga Reddy District, the car hit a stone in the middle of the road at 11.00 p m, resulting damage to the car. Immediately the Complainant took the car to the authorised workshop, M/s Kun Motoren, Khairatabad who found that the engine was damaged. The Complainant informed the Opposite Party about the said incident. Thereafter the Opposite Party appointed a Surveyor Vijaya Surveyors and Assessors for inspection and assessment of the loss. The Surveyor inspected the car and permitted the Complainant to get the repairs carried out. The vehicle was repaired, including replacement of the engine and the car was made road worthy. The Complainant paid the entire repair charges of Rs.23,20,352/- to M/s Kun Motoren (Motors) Khairatabad, Hyderabad The Surveyor inspected the car again on 21.09.2013 and submitted his final report. The Opposite Party had appointed another Surveyor Shri A Chandrasekhara Rao in March or April 2014 to give his technical opinion on the damage and the admissibility of the claim. The Opposite Party repudiated the claim vide letter dated 25.02.2015, nearly after two years from the date of the accident. Thereafter the Complainant sought copy of the Surveyor Reports through RTI, which was duly supplied. Aggrieved by the repudiation of his claim complaint was filed before the State Commission for redressal of his grievances with the following prayer:To pay claim of the Complainant of Rs.35,22,866/- (Rs.23,20,245/- + Rs.12.02,621/-) with interest of 24% per annum from the date of the complaint till realisation;To award an amount of Rs.5,00,000/- towards compensation for mental agony and suffering, and the OP 1 and 2 are liable to pay the same;To grant costs Rs.30,000/- for the complainant;To grant such further and other incidental relief's as the Complainant be found entitled as deem just and proper.4. The Opposite Party resisted the Complaint. The Opposite Party contended that the Complainant without giving information to them had given the car for repair, denying the opportunity to make an on the spot inspection of the accident. The Complainant gave intimation of the claim on 18.02.2013 to the Opposite Party. M/s Vijaya Surveyors and Assessors conducted post repair inspection and submitted their report on 20.09.2013 and 21.09.2013. The Surveyor assessed the loss at Rs.20,36,459/- and salvage value at Rs.2.00 lakh. The contention of the Complainant was that the car was damaged due to hitting a stone, when oil leaked out and the engine stopped. The Surveyor's report did not come to a positive conclusion that the damage to engine was covered by insured peril or not. As the Surveyor failed to arrive a specific recommendations, the Opposite Party appointed a second Surveyor for ascertaining the cause of the accident and damage to the car. The Surveyor noticed that a sump was created by wilfully hammering the engine. The Surveyor further observed that a protective panel duly protecting the engine from outside panel was intact. He gave a report stating that the claim of the Complainant was fraudulent in nature and not caused by external means. Based on the report of the second Surveyor, the Insurance Claim had been repudiated.5. The State Commission after hearing both the parties and based on record and evidence, allowed the Complaint in part directing the Opposite Party to pay an amount of Rs.23,21,824/- with interest @ 9% per annum from the date of the Complaint, i.e., 07.07.2015 till the date of realisation; Rs.50,000/- towards mental agony and Rs.10,000/- towards cost to the Complainant.6. Aggrieved by the order of the State Commission, the Opposite Party/ Appellant filed the present Appeal before this Commission. It is an admitted fact that the Insurance Policy was taken and the car met with an accident during the Policy period. The Respondent/ Complainant took the vehicle to the authorised dealer of BMW Car, at Hyderabad and got it repaired. Surveyor was appointed by the Opposite Party who inspected the car before and after the repair and agreed with the Respondent/ Complainant that the engine was damaged due to hitting of a stone and the engine stopped suddenly after the engine oil leaked. Not satisfied with the report of the Surveyor, the Insurance Company appointed another Surveyor who reported that the claim of the Respondent was fraudulent in nature and not caused due to an act of insured peril. The Opposite Party repudiated the claim of the Complainant based on the report of the second Surveyor.7. Learned counsel for the Appellant argued that the second Surveyor appointed was an investigator and the Company was well within its right to appoint an investigator,if not satisfied with the report of the first Surveyor. Since the second Surveyor was also a technical expert and the Insurance Company had relied on his report that the claim of the insured was fraudulent in nature and not proximately caused due to the act of insured peril, the claim was repudiated.8. Learned Counsel appearing on behalf of the Respondent/ Complainant stated that the vehicle was duly repaired after seeking permission for carrying out the same from the Surveyor and at the authorised dealer of BMW Car in Hyderabad. Since the car got damaged by hitting a stone, oil had leaked and the engine suddenly stopped. The vehicle was towed to the authorised work-shop and after thorough verification it was identified that the engine was damaged. The Appellant/ Opposite Party had wrongly repudiated their claim.9. The vehicle met with an accident due to hitting a stone due to which the engine got damaged and stopped due oil leakage from the car. The Respondent informed M/s Kun Motoren, Khairatabad, the authorised BMW dealer/ work-shop who in turn sent a recovery van to take the car to the work-shop. The authorised dealer got the vehicle inspected and identified that the engine was damaged. The authorised dealer estimated the cost of repairs at Rs.27,15,989/-. The Respondent sent claim intimation to the Opposite Party within two days on 18.02.2012. The Appellant appointed Surveyor Vijaya Surveyors and Assessors on 22.02.2013 for inspection and assessment of loss caused to the Complainant's car. The Surveyor duly inspected the car and took the photographs before the repairs were carried out. After repair, the Surveyor again inspected the car on 21.09.2013 and submitted a final report. The Appellant appointed a second Surveyor to inspect the vehicle and report, vide letters dated 10.03.204 and 08.04.2014. The second Surveyor submitted his report on 02.06.2014. The authorised dealer issued the repair bill for Rs.23,21,824/-. The Appellant repudiated the claim of the Respodnent, vide its letter dated 25.02.2015.10. Learned Counsel for the Appellant stated that the Surveyor did not come to a positive conclusion about the damage to the engine and had failed to arrive at a specific recommendation for payment of the claim. The Surveyor/ Investigator were appointed by them because the first Surveyor did not arrive at a specific recommendation. I have carefully perused the report of the first Surveyor. It is very clear that the vehicle got damaged due to accident caused by hitting a big stone, the oil leaked and the vehicle stopped suddenly. As seen from the preliminary report submitted by the Surveyor, "car ran over the big stone which hit the sump of the engine, resulting the engine oil was dried out and vehicle was stopped with noise.................. Hence, informed this matter to BMW authorised work-shop................., after thorough inspection identified that the engine was damaged...................... I have inspected the car on 23.02.2013 and many occasions conducted final survey". He concluded that "after considering the above points, I am strongly feel that engine was damaged due to hitting of big stone and oil was leaked out it was happened accidentally. Hence, I am recommending the same to insurers consideration". In fact by their own admission the Appellant stated that the first Surveyor merely reiterated the narration of the Complainant. No evidence has been placed on record to show scope for any suspicion and the reasons for discarding the report of the first Surveyor and appointing another Surveyor/ Investigator. The Appellant did not even care to inform the Respondent about the appointment of a second Surveyor/ Investigator. The second Surveyor noted that a sump was created by willful act of making a hole with a hammer. This appears to be height of imagination, that engine of a BMW car would be destroyed in that manner. The second Surveyor also noted that there was no possibility of damage to the engine by hitting a stone, in view of the protected panel of the car. The second Surveyor came to the conclusion:"Thus after conducting a detailed investigation and inspection of the vehicle under claim, and its engine etc., the undersigned opines that the insured's claim is fraudulent in nature and not proximately caused due to the act of an insured peril, i.e., accident by external means. The insured's claim may be repudiated as per the terms and conditions of the policy".11. The State Commission has noted the Chief Examination of PW 2:"It is just and necessary to state that the undercover of the vehicle, is to protect the air friction, wind blow noise and water spill into the vehicle from bottom but it cannot protect any accidental damages to it. Even assuming but not conceding that th

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ere is a protected panel, that will be only for some other purpose other than protection engine. The opposite party did not choose to cross examine PW 2, to falsify this aspect. The 2nd Surveyor's report did not completely ruled out the possibility of damage of the engine, if the car came into contact with a big stone. In such circumstances, the report given by the 1st Surveyor cannot be discarded".12. As seen from the above, the report of the second Surveyor/Investigator could not be relied upon. The Appellant appears to have appointed the second Surveyor only to subvert the opinion of the first Surveyor and to obtain a favourable report. The first Surveyor had categorically held that the engine got accidentally damaged due to hitting of a stone and leakage of oil and recommended the case of the Insurer to the Insured. The State Commission after a detailed examination of witnesses arrived at a considered view that the Respondent was entitled to recover repair charges from the Opposite Party. Order passed by the State Commission is fully justified. Appellants failed to show any illegality or irregularity in the impugned order warranting interference in the appellate jurisdiction. Appeal is dismissed with no order as to costs.
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