Antitrust - Section 26(2) Disclaimer: ... vs The Department Of Sale Tax/ ... on 29 September, 2015
20. In the light of above discussion, I am constrained to conclude that the repudiation of the policy by the insurance company on the ground that the loss does not fall under the scope of the policy cannot be accepted. Therefore, I concur with the findings of the Trial Judge that the insurance company is liable for the loss caused to the goods. The judgement of the Hon'ble Supreme Court in United Indai Insurance Co.Ltd. and others vs. Roshanlal Oil Mills Ltd. and others reported in (2000) 10 SCC 19 relied on by Mr N.Venkatraman, the learned counsel appearing for the Insurance Company is of no assistance to him. In the said case, the Hon'ble Supreme Court held that non-consideration of the report of the Surveyors vitiates the findings of the National Consumer Disputes Redressal Commission. In this case, the Trial Judge has arrived at the findings on the basis of the surveyor report.