M/S NEW INDIA ASSURANCE CO. LTD Vs. M/S LUXRA ENTERPRISES PVT. LTD
LAWS(SC)-2019-5-2
SUPREME COURT OF INDIA
Decided on May 01,2019

M/s New India Assurance Co. Ltd Appellant
VERSUS
M/S Luxra Enterprises Pvt. Ltd Respondents

JUDGEMENT

HEMANT GUPTA, J. - (1.) This order shall dispose of Civil Appeals filed under Section 23 of the Consumer Protection Act, 1985[a] preferred by both the parties against an order passed by the National Consumer Disputes Redressal Commission[b] against its order dated 01.08.2014 wherein, a sum of Rs. 54,93,865/- has been awarded as compensation for loss suffered on account of damage by fire to the Complainant, subject to the condition that the said amount will be paid within 45 days by the Insurance Company otherwise it will carry interest at the rate of 10 % per annum till its realisation. [a] 1985 Act [b] Commission
(2.) For the facility of reference, the respondent in Civil Appeal No. 9668 of 2014 will be called hereinafter as the Complainant, whereas the Appellant- New India Assurance Co. Ltd. will be called as Insurance Company. Civil Appeal Nos. 4371-72 of 2015 are filed by the Complainant.
(3.) The Complainant is an Industrial Unit engaged in manufacture of garments. The Complainant obtained a policy of insurance for the risk of fire for the period 27.3.2000 to 26.3.2001 with the assured sum of Rs. 85,00,000/-. It was on 12.07.2000 at about 3.45 AM, the factory of the Complainant was engulfed in fire. It is thereafter, the Complainant lodged a claim for loss due to fire incident in its factory.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.