M/S.Swiss Park Vanijya (P) Ltd vs The New India Assurance Company Ltd on 3 January, 2018
17. Considering the very nature of the contract and the admitted fact that there was a Dust Storm/Thunder Storm that occurred on 13.05.2012, which had resulted in certain damage to the solar panels of the plaintiff. I am unable to accept the stand of the Insurance Company that it cannot be made liable for the loss since the storm that had occurred on the event full day on 13.05.2012 did not satisfy the requirements of storm as per the Beaufort scale. I had an occasion to consider a similar defence raised by the Insurance Company with reference to a term Flood in National Insurance Company Ltd., v. New Kashmir Arts and Craft, case in AS No.963 of 2008 and 485 of 2011, wherein I had observed as follows: