NEW INDIA ASSURANCE CO LTD Vs. PROTECTION MANUFACTURERS PVT LTD
LAWS(SC)-2010-7-97
SUPREME COURT OF INDIA
Decided on July 08,2010

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
PROTECTION MANUFACTURERS PVT. LTD. Respondents

JUDGEMENT

Altamas Kabir, J. - (1.) This is statutory appeal filed under Section 23 of the Consumer Protection Act, 1986 hereinafter referred to as 'the 1986 Act', from an order dated 24th October, 2005, passed by the National Consumer Disputes Redressal Commission, New Delhi, hereinafter referred to as the "National Commission", in O.P. No. 60 of 2003. By the said order, the National Commission accepted the claim of the Respondent herein, M/s. Protection Manufacturers Pvt. Ltd., in respect of insurance claim on account of a fire which had broken out in its factory at about 8.45 a.m. on 29th March, 2000, and directed the Appellant Insurance Company to pay Rs. 2,26,36,179/- to the Respondent with interest at the rate of 12 per cent per annum from three months after the date of the fire. In other words, the interest was to be reckoned from 1st July, 2000, till date.
(2.) Although, the scope of the appeal is to some extent limited, a few facts may be stated for proper appreciation of the case made out by the Respondent/complainant.
(3.) On 29th March, 2000, at about 8.45 a.m., there was a devastating fire in the factory of the Respondent/complainant. The same was noticed by the factory workers who had assembled in front of the factory premises and were waiting for the factory to open. On being informed, the fire brigade reached the site at about 9.10 a.m. and began their operations immediately. However, the fire was so severe that it continued to flicker for the next three to four days and was completely extinguished only on 4th April, 2000. As the factory premises of the Respondent was covered by Fire Insurance Policy for the period from 19thFebruary, 2000, to 18thFebruary, 2001, against the risk of fire, the Respondent made its claim to the Insurance Company amounting to Rs. 2,85,50,000/- on account of damage and loss suffered to the building, plant and machinery, stocks and stock-in-process and the transformer for which the Respondent Company had paid Rs. 1,16,636/-. as premium. It appears that while the Policy was in force, the insurance coverage was enhanced.;


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