National Consumer Disputes Redressal
New India Assurance Company Ltd. vs The Chairman-Cum-Managing Director ... on 26 April, 2007
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI First Appeal No.255 of 2001 (from the order dated 31.07.2001 in C No. 336 of 1992 of the State Commission, Orissa) New India Assurance Company Ltd. Appellant Vs. The Chairman-cum-Managing Director Respondent Orissa State Warehousing Corporation BEFORE: HON'BLE MR. JUSTICE M.B. SHAH, PRESIDENT MRS. RAJYALAKSHMI RAO, MEMBER For the Appellant Shri P K Seth, Advocate For the Respondent Shri R K Mehta, Advocate Ms Suman Kukrety, Advocate Dated the 26th April, 2007 . ORDER
Heard the learned Counsel for the parties.
Learned Counsel appearing on behalf of the Insurance Company states that Insurance Company is not liable to pay any damages to the Orissa State Warehousing Corporation for the fraud which was committed by its employee prior to the issuance of the policy.
For this contention, there cannot be any dispute because the insurance cover is for a specific period. Therefore, for crystallizing the amount payable by the Insurance Company, the parties are directed to prepare a chart on the basis of the suits which were filed by the bank against the Corporation. The copies of the judgment and decree are produced on record by the Orissa State Warehousing Corporation before this Commission.
Hence, the learned Counsel for the parties to produce on record statements on the basis of the judgment and decree for the period for which the insurance cover was in existence by omitting the claim filed prior to or subsequent to the insurance cover. If this is, done no further arguments would be required in this case.
The statement should be filed by the parties on or before 07th May, 2007.
Stand over to 10th May, 2007 for final disposal.
..J (M.B. SHAH) President .
(RAJYALAKSHMI RAO) Member Satish 19