TaxTMI 
TaxTMI 
2006 (12) TMI 227
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....laint alleging deficiency in service on the part of United India Insurance Company. The case of the complainant/respondent was that they got their building and stock insured from the United India Insurance Company (hereinafter to be referred to as 'the Company'). The respondent-complainant held a valid Fire Policy for its stock (Building Rs. 25 lakhs, Machinery Rs. 40 lakhs, stocks Rs. 25 lacks and Furniture/Fixtures Rs. 1 lakh) effective from 11-1-1993 to 10-1-1994. This policy also endorsed to cover risk of flood. On account of heavy rains and floods in the city, insured property was affected by floods on 24-7-1993 at about 7.45 P.M. which caused damage to building, machinery and stocks. This incident was reported to the Company on 25-7-1....
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....ody of the report, this loss and damage has happened due to failure of column No. 1 which may have happened due to its own structural failure or due to its sinking/tilting causing it to become eccentrically loaded and hence falling in tension. The insured are covered under the Std. FP 'C' with flood endst. Subsidence is a specific extension to the above policy, which has not been taken by the insured. As such, we regret to say that either of the original cause of failure do not conform to the existing cover. In view of the above, we find that the insurers carry no liability in the above case. We understand that the insured had been asking the insurers permission for repairs. We, during our visits had informed the insured that they would be ....
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....ction and no defect was pointed out by the company, and it is on account of the flood water entering from the side of Kohinoor Woollen Mills, the building collapsed. It was submitted that in fact the collapse of the building was on account of entering of flood water from the side of Kohinoor Woollen Mills and not on account of flood water coming from the road. It was also pointed out that there is no provision for covering subsidence in the policy and therefore, the National Commission has rightly decreed the claim of the claimant-respondent. 6. We have considered the rival submissions of the parties. It is an admitted position that the claimant was covered from 11-1-1993 to 10-1-1994 and the flood took place on 24-7-1993 and caused exte....
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....il commotion assuming the proportions of or amounting to a popular rising, military rising insurrection, rebellion, military or usurped power. (d)Burning, whether accidental or otherwise, forest bush and jungles and the clearing of lands by fire. In any action, suit or other proceeding where the Company alleges that the reason of the provisions of the above Exclusions any loss or damage is not covered by this Insurance, the burden of providing that such loss or damage is covered shall be upon the insured." A perusal of the aforesaid clause would clearly show that there is no exclusion clause for subsidence. Clause 8(b) only talks of typhoon, storm, cyclone, tempest, hurricane, tornado, flood and inundation. None of the events menti....