Facts
Decision
M/s.modern Insulators Ltd
v.
The Oriental Insurance Co. Ltd
(Supreme Court Of India)
Civil Appeal No. 6895 Of 1997 | 22-02-2000
1. This appeal is directed against the order dated 8.1.97 passed by the National Consumer Disputes Redressal Commission whereby the Commission set aside the order passed by the State Commission of Rajasthan in the appeal filed by the respondent.
2. The appellant has a factory wherein it manufactures high tension insluators for transmission lines. The appellant had taken out an insurance policy known as `All Risk Insurance Policy for Rs. 50 lakhs for installation of 25 M3 kiln with furniture. The policy covered risks against loss during storage-cum-erection including trial and testing. After completion of the erection of 25 M3 kiln, the same was loaded with insulators on 12.7.88 for trial and testing and when it was opened on 16.7.88 it was found that complete structure of kiln furniture with insulators had collapsed on kiln car and various items of kiln furniture were damaged. A claim of Rs. 5,73,397.43 was lodged with the respondent and the surveyors assessed the damage at Rs. 4,66,873. As the claim was not settled a complaint was filed before the State Commission alleging negligence on the part of the respondent and claiming the amount assessed by the surveyor with interest.
3. The respondent-Insurance Company in the reply to the complaint filed before the State Commission pleaded that damaged property was not covered by the insurance policy. The State Commissioner after considering the materials on record rejected the plea of the respondent and directed the respondent to indemnify the loss by making payment of Rs. 4,66,873- with interest Appeal allowed.
Advocates List
For the Appellant - Mr. Arun Jaitley, Mr. M.L. Verma, Sr. Advocates with Mr. Rajeev Sharma, Ms. Urmil Narang and Mr. D.K. Sinha, Advocates. For the Respondent - Mr. A.K. Raina, Mr. G.G. Upadhyay, Mr. R.D. Upadhyay and Kr. A.M. Singh, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE S. SAGHIR AHMAD
HON'BLE MR. JUSTICE S.N. PHUKAN
Eq Citation
[2000] 100 COMPCAS 97 (SC)
[2000] 1 SCR 1076
(2000) 2 SCC 734
AIR 2000 SC 1014
2000 (1) C.P.C. 596
2000 (2) RCR (CIVIL) 17
2000 (1) BLJR 633
JT 2000 (2) SC 289
2000 (1) UJ 611
2000 (2) SCALE 25
[2000] (SUPPL.) CLA 36
1 (2000) CPJ 1
LQ/SC/2000/383
HeadNote
A. Consumer Protection and Sales Tax — Insurance — Insurance Policy — `All Risk Insurance Policy' — Risks covered — Storage-cum-erection including trial and testing — Insurance policy covered — Hence, respondent Insurance Company liable to indemnify appellant — Consumer Protection Act, 1986, Ss. 2(1)(o), 2(1)(f) & 3(1) & (2) B. Consumer Protection and Sales Tax — Insurance — Insurance Policy — `All Risk Insurance Policy' — Risks covered — Storage-cum-erection including trial and testing — Insurance policy covered — Hence, respondent Insurance Company liable to indemnify appellant — Consumer Protection Act, 1986, Ss. 2(1)(o), 2(1)(f) & 3(1) & (2)
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