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Jeevesh Mehta (Advocate )     03 April 2009

Insurance Claim

Dear All,

Please guide

A = A compnay

B = own a  warehouse

C = Insurance Company.

 

A puts its goods in the ware house of B

B takes the Fire insurance for such goods from C .

B charges insurance primium from A

Goods destroyed by fire. 

C has some objection n the claim filed by B. 

Can A be considered as the party to the insurance claim? 

Insurance compnay is saying that as A is not Insured as per the records he can not claim anything and stopps any correspondence with A. 

 

What can A do...under these circumstances as against B and C?

Please guide.

Jeevesh  



 9 Replies

N.K.Assumi (Advocate)     03 April 2009

In your case Indian contract act will govern the case, bailment, bailor,bailee and sub bailee.Insurance is laible to the bailor.Refer the case of N.R.Srinivasa Iyer case: 1983 - UJ - 0778 - SC.

Ashey   03 April 2009

Can u please post the judgment here Mr. N.K.Assumi ...

N.K.Assumi (Advocate)     03 April 2009

I have posted in your personal mail, check it.

N.K.Assumi (Advocate)     04 April 2009

Dear Mehta, in the classic case mentioned above you will find the memorable observation of Lord Denning, in the case of Morris vs C.W.Martin & Sons Ltd. All the best.

Jeevesh Mehta (Advocate )     04 April 2009

Sir ji,


Please send me the copy of the judgment.


jeevesh@svalaw.com


 

N.K.Assumi (Advocate)     04 April 2009

I have given you enough citation, if you are an Advocate that will suffice your requirement.

anil kumar (service)     04 April 2009

Dear Jeevesh Mehta,


I am giving u equivalent citations of the judgment cited by Shri N.K.Assumi which is relevant to ur case. In case u find difficulty in locating the same we shall send it as attachment.

anil kumar (service)     04 April 2009

 Dear Jeevesh Mehta,


I am giving u equivalent citations of the judgment cited by Shri N.K.Assumi which is relevant to ur case. In case u find difficulty in locating the same we shall send it as attachment..  1983 - UJ - 0778 - SC= AIR 1983 899 = 1983 SCR (3) 479 =1983 SCC (3) 458 = 1983 SCALE (2)44 .


 

N.K.Assumi (Advocate)     05 April 2009

Yes, Anil, please take the trouble of sending him.


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