Insurance – Contractor’s All Risk Policy – Collapse of bridge
The appellant issued Contractor’s All Risk Insurance Policy to cover the interest of NHAI as principal and the JV Contractors for 2007 to 2011, for Rs.213,58,76,000/- to cover the contract of NHAI for construction and maintenance of a cable-stayed bridge across Chambal River at Kota;
On 24.12.2009, part of the constructed bridge collapsed while construction was in progress and causing loss of 48 lives. On 29.12.2009, the intimation to the appellant was given and to depute surveyor. FIR was filed.
The Committee, which was constituted to investigate and report cause of collapse, had found that the respondent companies were liable for loss of 48 lives due to several defects at the stage of design, construction, and supervision.
Surveyor of Insurer called for certain details vide letter dated 6.1.2010. While furnishing the details, the respondents made claim of Rs.151,59,94,542/-.
Surveyor submitted the final report on 28.2.2011 for net loss at Rs.39,09,92,828/-but recommended for rejection of claim for violation of policy conditions.
On 21.4.2011, the Insurer repudiated the claim. The respondent nos.1 and 2, relying on their reports, requested for re-consideration.
After two years of rejection and inauguration of the bridge, the consumer complaint was filed.
Judgment dated 16.1.2023 of NCDRC allowed the complaint and directed the appellant to pay insurance claim of Rs.39,09,92,828/-.
