HINDUSTHAN MOTORS LTD. Vs. NATIONAL INSURANCE CO. LTD.
LAWS(CAL)-2014-9-108
HIGH COURT OF CALCUTTA
Decided on September 25,2014

HINDUSTHAN MOTORS LTD. Appellant
VERSUS
NATIONAL INSURANCE CO. LTD. Respondents

JUDGEMENT

Debangsu Basak, J. - (1.) THE suit is for recovery of money on account of damages suffered by the plaintiff in respect of the incidents claimed to be covered under policies of insurance issued by the Defendant Nos. 1 and 2.
(2.) THERE are 6 defendants in the suit. The claim of the plaintiff is against the Defendant Nos. 1 and 2. The plaintiff does not seek to any relief against the other defendants. The plaintiff claims to be a manufacturer of motor vehicles with the factory of the plaintiff being situate at Hind Motor in the State of West Bengal. The plaintiff claims to be insured by 6 several policies of insurance issued by the Defendant Nos. 1 and 2 on various aspects. The plaintiff claims that, the liabilities of the first and the second defendant under 4 policies are in the ratio of 70:30 and for two policies the liability is that of the first defendant only. The plaintiff claims that, it got itself insured against flood. During the currency of the insurance policies, the plaintiff suffered damages on account of flood and inundation. These eventualities are covered under the policies. The plaintiff claims to have suffered loss in excess of Rs. 7 crores on such account. The plaintiff also claims that, it suffered damages on account of interruption, interference, and stoppage of business for a sum in excess of Rs. 6 crores. These incidents are, according to the plaintiff, covered by the policies of insurance and that, these incidents happened during the currency of the insurance policies.
(3.) THE Defendant Nos. 1 and 2 filed a joint written statement. The Defendant No. 5 has also filed a written statement.;


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