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2016 (7) TMI 1603 - SC - Indian LawsClaim of compensation form United India Insurance Company Limited and India Transport Organization - amount claimed on the ground that there had been shortage/loss of 'All Aluminium Alloy Conductor' (AAAC) wire, which was supplied by the complainant to the Power Grid Corporation of India Limited (PGCIL) - Trucks shortage - transit-loss - HELD THAT:- In the instant case, the insurer was in custody of the policy. It had prescribed the Clause relating to duration. It was very much aware about the stipulation made in Clause 5(3) to 5(5), but despite the stipulations therein, it appointed a surveyor. Additionally, as has been stated earlier, in the letter of repudiation, it only stated that the claim lodged by the insured was not falling under the purview of transit loss. Thus, by positive action, the insurer has waived its right to advance the plea that the claim was not entertainable because conditions enumerated in duration Clause were not satisfied - In our considered opinion, the National Commission could not have placed reliance on the said terms to come to the conclusion that there was no policy cover in existence and that the risks stood not covered after delivery of goods to the consignee. Loss as arising from surveyor's report - HELD THAT:- Though the said aspect has not been gone into by the National Commission, yet we find, the findings recorded by the State Commission are absolutely justified and tenable in law being based on materials brought on record in such a situation we do not think it appropriate that an exercise of remit should be carried out asking the National Commission to have a further look at it. In any case, the exercise of revisional jurisdiction by the National Commission is a limited one - we have perused the surveyor's report and scrutinized the judgment and order passed by the State Commission in this regard and we are completely satisfied that the determination made by it is absolutely impeccable. The judgment and order passed by the National Commission in the batch of appeals is set aside - We have been apprised that 50% of the amount was deposited and the Appellant has withdrawn the said amount. The balance amount along with interest, as directed by the State Commission, shall be paid by the insurance company within four months from today - appeal allowed.
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