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The New India Assurance Co. Ltd. vs National Agricultural Cooperative ... on 4 March, 2022

Bench: D.Y. Chandrachud, Surya Kant

                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION

                                              Civil Appeal No 6048 of 2019


     New India Assurance Co Ltd                                                  .... Appellant(s)


                                                           Versus


     National Agricultural Cooperative Marketing
     Federation of India Ltd                                                     ....Respondent(s)




                                                         ORDER

1 We are in agreement with the judgment of the National Consumer Disputes Redressal Commission that the claim of the respondent fell within the purview of Clause 8.1, namely, the Institute Cargo Clause of the Insurance Policy. The damage to the consignment took place due to a cyclone before it reached Kolkata Port. Since the peril insured against has taken place, we see no reason to entertain the Civil Appeal. The Civil Appeal is accordingly dismissed.

Payment shall be made within two months.

2 Pending application, if any, stands disposed of.

…..…..…....…........……………….…........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Surya Kant] New Delhi;

March 04, 2022 Digitally signed by Sanjay Kumar Date: 2022.03.05

-S-

13:03:59 IST Reason:

ITEM NO.2 Court 4 (Video Conferencing) SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).6048/2019 NEW INDIA ASSURANCE CO. LTD. Appellant(s) VERSUS NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA LTD. Respondent(s) (WITH IA No. 160598/2021 - STAY APPLICATION) Date : 04-03-2022 This appeal was called on for hearing today. CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT For Appellant(s) Mr. A.K. Singla, Sr. Adv.

Mr. Abhishek Gola, Adv.

Mr. Viresh B. Saharya, AOR Mr. Akshat Agarwal, Adv.

Mr. Anshul Mehral, Adv.

For Respondent(s) Mr. A.K. Thakur, Adv.

Mr. Chitranshul A. Sinha, AOR Mr. Sujeet Kumar, Adv.

Mr. Tarun Ghai, Adv.

Mr. Jaskaran Singh Bhatia, Adv. Ms. Namrata Mohapatra, Adv.

UPON hearing the counsel the Court made the following O R D E R 1 The Civil Appeal is dismissed in terms of the signed order.

2 Pending application, if any, stands disposed of.

(SANJAY KUMAR-I) (ANITA RANI AHUJA) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)