The court allowed an application to re-frame an issue regarding the root cause of a fire in an insurance claim suit and added an additional issue regarding breach of policy terms. The application was disposed of, and the matter was posted for case management.
Application allowed; issues re-framed and added.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.4873 of 2024
Application No.4873 of 2024 in C.S.(Comm.Div.) No.261 of 2023
ABDUL QUDDHOSE, J.
This application has been filed by the plaintiff seeking to frame an additional issue.
(iii) Whether there was a necessity to
engage with a Forensic Investigator to identify the probable root cause to fire, as the root cause of fire, origin and spread to different buildings was not clear nor established by the plaintiff?
Insurance Company to prove that fire was caused due to human intervention. The same is denied by the defendant in the written statement. As seen from the third issue framed by this Court, which is extracted supra, it would amount to rendering a finding that the plaintiff
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A.No.4873 of 2024
has not established the probable root cause for the fire which resulted in the suit claim. Therefore, issue No.3 framed by this Court on 19.06.2024
has to be re-framed in the following manner:-
Whether the root cause of fire is due to
human intervention/external forces?
by this Court in its earlier order dated 19.06.2024. Accordingly, by
consent of both counsels, the following issue is also framed.
Whether the plaintiff has breached the terms
and conditions of the policy, and repudiation of the
claim is in order?
Nos.1, 2, 4, 5 and 6, the same are not altered. In terms of the above
directions, this application is disposed of.
Post the matter for case management hearing on 18.11.2024.
04.11.2024
rkm
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A.No.4873 of 2024
ABDUL QUDDHOSE, J. rkm
Application Nos.4873 of 2024 in C.S.(Comm.Div.) No.261 of 2023
04.11.2024
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2 issues framed by the court
Whether the root cause of fire is due to human intervention or external forces?
Whether the plaintiff breached the policy terms and conditions warranting repudiation?
Plaintiff
Insurance Company
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
