LAW FOR ALL

The marine policy is pitted against a Fire Policy, = “Whether the ‘Doctrine of Contribution’ is applicable in this case?. The marine policy is pitted against a Fire Policy, obtained from United India Insurance Co. Ltd., OP2, in this case. Clause 4 of the Fire Insurance Policy states : “This insurance does not cover any loss or damage to property, which at the time of the happening of such loss or damage, is insured by or would, but for the existence of this policy, be insured by any marine policy or policies except in respect of any excess beyond the amount which would have been payable under the Marine Policy or policies had this insurance not been effected”. The other question is “Whether other clauses of Insurance Policy will pale into insignificance?. The said Clause is to be read as vacua or as a part of whole composite policy?. The another knotty question is “Whether the complainant has insurable interest?. - In view of the facts and circumstances of this case, no liability can be fastened upon OP2. However, instead of helping the complainant, it supported the OP1. Why did OP2 work in cahoots with OP1? On the other hand, the OPs compelled the complainant to give the undertaking that they would not claim any amount from the Marine Policy as they would compensate it completely, on the other hand, OPs want to shirk from paying 50% of the loss. - We, therefore, direct the OP1 to pay 50% of the total loss of Rs.2,06,86,406.24ps with interest @ 9% p.a. from the date of filing of this complaint, i.e. 07.06.2000, till realisation of the decreetal amount, to the complainant. Compensation for mental agony and harassment, in the sum of Rs.50,000/- is also granted, payable by OP1, to the complainant, within 45 days, failing which it will carry interest at the rate of 9%, p.a., till realisation.