3. responsibilities. It is quite natural that there

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3. A copy of the Railway Receipt (damage claim)

4. Original Consignment Note (Non-delivery cases – Road Transit Claim)

5. A copy of the Consignment Note (damage claim – Road Transit)

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6. Invoice (Original or copy)/packing list/weight specification

7. ‘Non Delivery’ or ‘Partial Delivery’ certificate from the Railways/ Road Transport Operators.

8. Open Delivery/Assessment Delivery Certificates (Rail/Road)

9. Certified copy of the Remarks in the Railway Delivery Book (Dam­age Claims)

10. Certified copy of the Remarks in the Delivery Challan (Road Tran­sit Claims)

11. Independent Surveyor’s Report, if any.

12. Copy of

(a) Notice of claim lodged on the carriers (Rail/Road)

(b) Relative Postal Registration Receipts and A.D. Cards

(c) Subsequent correspondence with the carriers

13. Letter of Subrogation

14. Special Power of Attorney (Rail Transit Claims)

15. Letter of Authority (Rail Transit Claims)

The insured will file claim with the insurance company after meeting the aforementioned requirements. The insurance company is generally contacted immediately on discovery of loss to the cargo, which will assist the insured in carrying out the responsibilities.

It is quite natural that there is disagreement between the insured and the insurers regarding insurance claims. In such a case, the insured can take legal recourse against the insurers and file a legal suit.

However, under the Indian Limitation Act, no suit can be filed against the insurer in respect of a claim under an insurance policy after a lapse of three years from-

(a) The date of occurrence causing the loss; or

(b) The date when the claim is repudiated either partly or wholly

It is clear that if liability is not denied for three years, the claim of the insured would become time barred under the law. If the claimants want to keep their claim right open, they will have to file-suit against the insurer before the expiry of the period of three years. The claim would also remain open, if the insurers belatedly repudiate the claim.

Categories: Law


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