BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. STATE OF MADHYA PRADESH
LAWS(SC)-2020-4-29
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on April 24,2020

BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

WIGGINS TEAPE AUSTRALIA PTY LTD VS. BALTICA INSURANCE CO LTD [REFERRED TO]
SCA (FREIGHT) LTD VS. GIBSON [REFERRED TO]
FIRST AMERICAN ARTIFICIAL FLOWERS,INC V AFIA WORLDWIDE INS [REFERRED TO]
PETER JACKSON PTY LTD VS. CONSOLIDATED INSURANCE OF AUSTRALIA LTD [REFERRED TO]
RHESA SHIPPING CO S A VS. EDMUNDS [REFERRED TO]
VERNA TRADING PTY LTD VS. NEW INDIA ASSURANCE CO LTD [REFERRED TO]
LUMBER AND WOOD PRODUCTS,INC VS. NEW HAMPSHIRE INSURANCE COMPANY,ETC [REFERRED TO]
NEC AUSTRALIA PTY LTD VS. GAMIF PTY LIMITED [REFERRED TO]
QBE INSURANCE LIMITED VS. PATTERSON FINE JEWELLERY PTY LTD [REFERRED TO]
EXPORT CREDIT GUARANTEE CORPN VS. M/S GARG SONS INTERNATIONAL [REFERRED TO]


JUDGEMENT

DR.DHANANJAYA Y.CHANDRACHUD, J. - (1.)Leave granted.
(2.)The present appeals arise from a judgment of the National Consumer Disputes Redressal Commission[1] dated 10 August 2018 which in first appeal upheld the judgment of the Madhya Pradesh State Consumer Disputes Redressal Commission[2]. The SCDRC held the appellant to be deficient in its service and directed it to pay compensation of Rs. 64,89,205 towards the cost of repair of a helicopter to the respondent. Both the appellant and the respondent had preferred appeals against the order of the SCDRC. The NCDRC dismissed the appeal[3] preferred by the appellant and partly allowed the appeal[4] preferred by the respondent for enhancement of compensation and awarded interest at the rate of six percent per annum.
[1] "NCDRC"

[2] "SCDRC"

[3] First Appeal No. 279 of 2009

[4] First Appeal No .25 of 2010

(3.)The respondent purchased a "Transit Marine Insurance Policy" from the appellant on 21 July 2005, to cover the transportation of a Bell - 430 Helicopter from Langley, Canada to Bhopal, India. By an acceptance letter dated 1 July 2005, the appellant set out the transit route for the transportation of the helicopter by air, sea and road. By a letter dated 10 July 2005, the proposed route was altered as follows:
"Transit Details: Langley to Pithampur/Bhopal (by road/ by air)."

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