), AIR2019 SC 2655 , 2019 (136 ) ALR 198 , 2019 (3 )ALT232 , 2019 (2 ) CCC 291 (SC ), 2019 (4 ) CHN (SC ) 232 , 2020 (1 )CivilCC(S.C. )220 , II (2019 )CPJ86 (SC ), 2019 (2 ) CPR 591 (SC ), 2019 (3 ) CPR 1 (SC ), 2019 (II )CLR(SC)17 , 2019 INSC 607 , 2019 (3 )J.L.J.R.141 , 2019 (3 )PLJR141 , 2019 (3 )RCR(Civil)90 , 2019 (7 )SCALE206 , (2019 )6 SCC36 , 2019 (5 ) SCJ 495 , [2019 ]6 SCR1172 , (2019 )4 WBLR(SC )31 , ,MANU/SC/0644/2019
D.Y. Chandrachud#Hemant Gupta#223SC3020Judgment/OrderACJ#AIC#AIR#ALR#ALT#CCC#CHN#CivilCC#CPJ#CPR#CPR#CurLR#INSC#JLJR#MANU#PLJR#RCR (Civil)#SCALE#SCC#SCJ#SCR#WBLRHemant Gupta,Insurance#InsuranceSUPREME COURT OF INDIA2019-5-62758,16263,16247,15913,25348,26978 -->
MANU/SC/0644/2019
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 9668 of 2014 and 4371-4372 of 2015 +
Decided On: 01.05.2019
Appellants: New India Assurance Co. Ltd. Vs. Respondent: Luxra Enterprises Pvt. Ltd. and Ors. ..(+)
Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud and Hemant Gupta JUDGMENT
Hemant Gupta, J.
1. This order shall dispose of Civil Appeals filed Under Section 23 of the Consumer Protection Act, 19851 preferred by both the parties against an order passed by the National Consumer Disputes Redressal Commission2 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.
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.
4. M/s. R.N. Sharma & Co., was appointed as an investigator to conduct a preliminary investigation by the Insurance Company. The preliminary investigation report was submitted on 20.07.2000. It is thereafter, M/s. Sunil J. Vora & Associates was appointed as the Surveyor by the Head Office of the Insurance Company on July 28, 2000. The said Surveyor submitted detailed report and accepte........