| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Consumer Protection – Loss of stock of goods insured |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Consumer Protection – Loss of stock of goods insured – Claim for – Appellant-company purchased a standard fire and special perils policy from the respondent-insurer and further paid a additional premium to cover the risk of loss of the stock on account of spontaneous combustion – Thereafter, appellant was declared a sick unit and its factory was closed for some time – After re-opening it was noticed that some amount of stock of coal and lignite was diminished/destroyed on account of spontaneous combustion, causing loss and damage – Appellant demanded claim of Rs.1.4 crores on account of loss suffered by it from the respondent-insurer – Pursuant to the claim, the respondent-insurer appointed a surveyor – The surveyor submitted his report and assessed total loss to the tune of Rs.63,43,679/- – However, respondent-insurer repudiated the claim via letter solely on the ground that since spontaneous combustion did not result into fire and loss was not caused by fire as stipulated by policy conditions, there was no liability under the policy – Appellant filed complaint before the NCDRC – Before NCDRC, respondent-insurer alleged that appellant contravened cl.6(i) of the General Conditions of Policy – The NCDRC rejected the claim of the appellant and held that intimation of claim was sent with considerable delay of over a month thereby violating cl.6(i) of the General Conditions of Policy – On appeal, held: It is a settled position that an insurance company cannot travel beyond the grounds mentioned in the letter of repudiation – If the insurer has not taken delay in intimation as a specific ground in letter of repudiation, they cannot do so at the stage of hearing of the consumer complaint before NCDRC – In the instant case, admittedly there was no reference of delay in intimation or lodging of the claim as stipulated in cl.6(i) of the General Conditions of Policy in the repudiation letter – Therefore, order of the NCDRC set aside – The respondent-insurer directed to make payment of Rs.63,43,679/- as assessed by the surveyor. |
| Judge | Hon'ble Mr. Justice Krishna Murari |
| Neutral Citation | 2019 INSC 1364 |
| Petitioner | Saurashtra Chemicals Ltd. (presently Known As Saurashtra Chemicals Division Of Nirma Ltd.) |
| Respondent | National Insurance Co. Ltd. |
| SCR | [2019] 15 S.C.R. 24 |
| Judgement Date | 2019-12-13 |
| Case Number | 2059 |
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