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M/S New India Assurance Co. Ltd vs M/S Luxra Enterprises Pvt Ltd on 1 May, 2019

bl izdkj losZ;j us foLr`r {kfr dk vkadyu djds {kfr dk fu/kkZj.k fd;k gS] losZ;j ij lgh fglkc u djus ds fy, fdlh izdkj dk vkjksi ugha gSA losZ fjiksVZ ,d egRoiw.kZ nLrkost gSA bl lac/a k esa (2019) 6 Supreme Court Cases 36 NEW INDIA ASSURANCE COMPANY LIMITED Vs. LUXRA ENTERPRISES PRIVATE LIMITED AND ANOTHER WITH LUXRA ENTERPRISES PRIVATE LIMITED AND ANOTHER Vs. NEW INDIA ASSURANCE COMPANY LIMITED esa ekuuh; loksZPp U;k;ky; us fuEu fu/kkZfjr fd;k gS %& Complainant is an Industrial Unit engaged in manufacture of garments. had obtained a policy of insurance for risk of fire with assured sum of Rs. 85,00,000/-.and Complainant lodged a claim for loss due to fire incident in its factory - Claim of Rs. 54,93,865 was accepted by first surveyor, second surveyor accepted claim in sum of Rs. 24,76,585 while third surveyor recommended total repudiation of claim and it was third surveyor's report which subserved interest of Insurance Company which was made basis of repudiation of claim of complainant of same day, when report was furnished - On facts, held, there was no valid reason for Insurance Company not to accept report of first surveyor nor was there any proof that such report was arbitrary and excessive and there were no cogent reasons to appoint surveyors time and again till such time one surveyor gives a report which could satisfy the interest of Insurance Company -Held, appointment of surveyors was to repudiate claim of complainant on one pretext or the other - Thus, order of National Commission awarding a sum of Rs. 54,93,865/- as compensation for loss suffered on account of damage by fire to complainant, upheld - However, complainant also held entitled to interest on amount of Rs 54,93,865/- @ 6% p.a. from date of filing of petition till payment of amount consumer protection - Services - Insurance
Supreme Court of India Cites 9 - Cited by 20 - H Gupta - Full Document

M/S. Luxra Enterprises Pvt. Ltd. vs New India Assurance Co. Ltd. . on 17 November, 2015

bl izdkj losZ;j us foLr`r {kfr dk vkadyu djds {kfr dk fu/kkZj.k fd;k gS] losZ;j ij lgh fglkc u djus ds fy, fdlh izdkj dk vkjksi ugha gSA losZ fjiksVZ ,d egRoiw.kZ nLrkost gSA bl lac/a k esa (2019) 6 Supreme Court Cases 36 NEW INDIA ASSURANCE COMPANY LIMITED Vs. LUXRA ENTERPRISES PRIVATE LIMITED AND ANOTHER WITH LUXRA ENTERPRISES PRIVATE LIMITED AND ANOTHER Vs. NEW INDIA ASSURANCE COMPANY LIMITED esa ekuuh; loksZPp U;k;ky; us fuEu fu/kkZfjr fd;k gS %& Complainant is an Industrial Unit engaged in manufacture of garments. had obtained a policy of insurance for risk of fire with assured sum of Rs. 85,00,000/-.and Complainant lodged a claim for loss due to fire incident in its factory - Claim of Rs. 54,93,865 was accepted by first surveyor, second surveyor accepted claim in sum of Rs. 24,76,585 while third surveyor recommended total repudiation of claim and it was third surveyor's report which subserved interest of Insurance Company which was made basis of repudiation of claim of complainant of same day, when report was furnished - On facts, held, there was no valid reason for Insurance Company not to accept report of first surveyor nor was there any proof that such report was arbitrary and excessive and there were no cogent reasons to appoint surveyors time and again till such time one surveyor gives a report which could satisfy the interest of Insurance Company -Held, appointment of surveyors was to repudiate claim of complainant on one pretext or the other - Thus, order of National Commission awarding a sum of Rs. 54,93,865/- as compensation for loss suffered on account of damage by fire to complainant, upheld - However, complainant also held entitled to interest on amount of Rs 54,93,865/- @ 6% p.a. from date of filing of petition till payment of amount consumer protection - Services - Insurance
Supreme Court - Daily Orders Cites 0 - Cited by 4 - Full Document
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