Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | claim in respect of compensation towards hardship which set fire to elevated ground floor and indulged in looting-Claimant had discharged initial burden and insurance company failed to establish that claim was unjustified and not covered by insurance policy-It was possible that looting had taken place before police and fire fighting personnel arrived- There was nothing to support the plea of insurance company that claimants themselves transported part of goods from the showroom of removed them from basement levels in anticipation of rioting-Claim allowed for stocks in basement levels especially in view of support thereof by bank with which stock was hypothecated-However mental agony and harassment rejected. etc.---Stock-in-trade of textile items and garments in showroom-Looting by armed rioters-Claim for damages-Allowed for stock on elevated ground and rejected in respect of stocks in two levels of basement of showroom-Correctness of-Held-It was established that showroom was attacked by a frenzied mob Insurance-Against damages from riots strike as insurance company was within its rights to inquire into the incident and it partly approved the claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2006 INSC 621 |
Petitioner | M/s. Shobika Atire |
Respondent | New India Assurance Co. Ltd. And Anr. |
SCR | [2006] Supp. (6) S.C.R. 266 |
Judgement Date | 2006-09-15 |
Case Number | 2066 |
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