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Sahara Hospitality Ltd. vs National Insurance Co. Ltd. & Anr. on 10 November, 2023 cites

United India Insurance Co. Ltd. .. ... vs M/S Kiran Combers & Spinners .. ... on 8 December, 2006

21.    A comparison of the aforesaid terminologies used as compared to that of the Beaufort Scale indicates that winds accompanied by rains of 80 kms/hr. have been described by the Weather Department as a thunderstorm.  Thus, the incident presently in question whether the winds of 80 kms/hr. accompanied by rains are indicative of high speed winds capable of toppling the tarpaulin structure are in debate.  A strong gust to that extent has also been indicated in the Surveyor's Report which matches with the Weather Report of the Santacruz Observatory.  The argument of the Insurance Company  to tie down the definition of the word 'storm' to a particular speed can be taken to be a hyper technical view.  The judgment in the case of "United India Insurance Co. Ltd. Vs. Kiran Combers & Spinners, (2007) 1 SCC 368" (supra) was considering the contest put forward by the Insurance Company that subsidence which is gradual caving or sinking of an area of land could be or not included within the coverage Clause of typhoon, storm, cyclone, tempest, hurricane, tornado, flood and inundation.  The Apex Court ruled as under -
Supreme Court of India Cites 0 - Cited by 14 - A K Mathur - Full Document

M/S.Opg Energy (P) Ltd vs The New India Assurance Company Ltd on 3 January, 2018

18.    Ld. Counsel for the Insurance Company relied on the Standard Operation Procedure for forecasting weather by the Indian Meteorological Department including Cyclone warning. He contends that the Department adopts the Beaufort Scale as a standard scale.  He also submits that the judgment in the case of "M/s OPG Energy (P) Limited" (supra) overlooks the other parts of the definition of the word 'storm' as contained in the Dictionaries which were relied on by the Madras High Court.  To that extent Mr. Malhotra is correct that the measurement of wind speed for a storm finds reference to the Beaufort Scale in the Webster's Dictionary and also in the Encyclopedic Britannica.  The judgment, therefore, had selectively adopted the meanings contained in the Dictionary in Para 14 & 15 as is evident from the same. The said judgment was also subjected to an appeal before the Division Bench in OSA No. 282 & 283 decided on 3.1.2022 but the Division Bench assumed that the severe cyclonic storm was not disputed.  Mr. Malhotra is correct in his submission that the issue was not examined viz a viz argument of the Insurance Company on the Beaufort Scale and rather it was treated to be an admitted position which was not the case.  He is therefore also right in his submission that the ratio of the judgment cannot be construed as an authority on the point of discarding the Beaufort Scale.
Madras High Court Cites 4 - Cited by 0 - R Subramanian - Full Document

The Divisional Controller, Ksrtc vs Mahadeva Shetty And Anr on 31 July, 2003

Relying on the judgment in the case of Divisional Controller, KSRTC Vs. Mahadeva Shetty And Anr. (2003) 7 SCC 197 Para-23, he submits that the two decisions referred to above relied on by the learned Single Judge of the Madras High Court do not in any way spell out any ratio decidendi on the issue of hyper-technicality of an insurance claim. He submits that no such conclusion was drawn nor can it be inferred and therefore the observations made by the learned Single Judge regarding the above two decisions are not appropriate and it is almost obiter. He contends that the learned Single Judge admits that the Beaufort scale prescribes the wind speed of a storm, but later on goes on to conclude that since it would be a hyper-technical interpretation, the word storm should be used in a more general term and should not be confined only to the occurrence of wind with a particular speed. Learned counsel submits that this approach of the learned Single Judge is contrary to, and not in consonance either with the ratio of the said judgments or even with the law laid down by the Apex Court as well as other judgments that an insurance contract and its terminology, unless there is ambiguity, should be construed in its true sense as explained. He therefore contends that the learned Single Judge has virtually extended the meaning of the word 'storm' which travels outside the scope of the risk covered under the insurance policy which is not permissible in law.
Supreme Court of India Cites 6 - Cited by 775 - A Pasayat - Full Document
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