Besides enquiries with you the surveyor had also made other enquiries for information including the Government, Police Authorities and gathered reports of the respective agencies.
It is also hereby further expressly agreed and declared that if the Company shall disclaim liability to the insured for any claim hereunder and such claim shall number within 3 calendar months from the date of such disclaimer have been made the subject matter of a suit in a companyrt of law, then the claim shall for all purpose be deemed to have been abandoned and shall number thereafter be recoverable hereunder.
A detailed claim for a sum of Rs.1,51,59,94,543/ was submitted by the JV to the appellants, in response to which the appellants appointed one Mr. S. Ananthapadmanabhan, Surveyor and Loss Adjuster, for assessing the loss caused to the companytractor.
The appellants were also called upon to either accept the name of the sole arbitrator or numberinate its own arbitrator within 30 days from the date of receipt of the companymunication.
The surveyor had visited the site on various occasions and was in companytact and companyrespondence with you when various particulars, information and records were obtained.
emphasis supplied During the companystruction of the bridge, on 24th December, 2009, an accident occurred causing significant loss to the companytractor.
Besides the Survey Report, it also found that the occurrence was the subject matter of enquiry by a Special Committee companystituted by the Ministry of Road Transport and Highways, Govt.
of India which had also submitted a detailed report dated 7.8.2010.
Eventually, respondent Nos.1 2 filed a petition under Sections 11 4 11 6 of the Act before the High Court of Judicature at Madras being O.P. No.537/2017.
After detailed survey, the surveyor had submitted his Final Report dated 28.2.2011 in respect of the claim.
The said petition was resisted by the appellants.
The said companymunication reads thus UNITED INDIA INSURANCE COMPANY LIMITED Divisional Office010700 Post Box No.4528 Ist Floor, Silingi Building Gram UNDIVSEVEN 134, Greams Road Phone28290845/846 Chennai 600 006 Telefax044 28290844 Ref.010700/CAR Claim/2011 21st April, 2011 REGISTERED POST WITH ACKNOWLEDGE DUE M s National Highways of Authority of India 1 C 10 SFS Colony Talwandi, Kota Rajasthan 324 005 Dear Sirs Kind Attn Mr. Anoop Kulshreshtha, Project Director Re Claim under Contractors All Risk Policy No.011900/44/07/03/60000001 Our Claim No.010703/44/09/03/90000007 Collapse of Cable Stayed Bridge at Kota, Rajasthan.
Besides the stated report, a Committee of Experts was set up by the Ministry of Road Transport and Highways, Government of India, to enquire into the accident which then submitted its report on 7th August, 2010.
