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Nine 2 Nine Super Market vs. Union India Insurance Co. Ltd. & Anr.

52.00 5.20

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Insurance Claim–Shopkeepers Insurance Policy–Collapse of shop–Award of Rs. 15,30,152/- by the Permanent Lok Adalat–Enhancement–Clause (e) of Section I of the Insurance Policy covers the loss or damage to building/contents by earth quake, fire and/or shock subsidence and landslide damage–Admittedly, the shop in question collapsed due to the excavation work being carried out in the adjoining plot by a third party–Cause of loss was covered under Clause (2) of Section I–Issue of Interest–Regulation 9(6) of IRDA Regulation is not applicable in the instant case because after repudiation of claim, there was not offer of settlement by the respondents–Amount of award is modified up to Rs. 26,58,678/- including 8% annual interest.