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Prem Vashisht vs Punjab National Bank on 7 June, 2024 cites

Raghuraji Agro Industries (P) Ltd. vs United India Insurance Co. Ltd. & Anr. on 20 May, 2015

Further, as already discussed in the preceding part of the judgment, in M/s P.P. Agro Industries Vs. National Insurance Co. Ltd. & 2 Ors., (supra), the Hon'ble National Commission in Para 20 has specifically held, interalia, that "........This however cannot be taken to mean that damage caused due to fire per se would stand excluded if the origin of such fire lay in spontaneous combustion. Origin of Fire would be quite immaterial as long as the factum of Fire was not in dispute and the factum of damage and loss of property was established. Perhaps the only exception to this would be an allegation of arson: however, in the case in hand, there is no such allegation." Similar view is held by Hon'ble National Commission in case "Oriental Insurance Company Limited Versus Sukhdev Singh & Anr.', III (2010) CPJ 400. Further in New India Assurance Co. Ltd. Versus Taj Sugar Works & Anr., II (2002) CPJ 43 (NC), the question before Hon'ble National Commission "Whether spontaneous combustion equivalent to fire?" was answered in 'Yes'. Similar was the view held by Hon'ble National Commission in Saraya Sugar Mills Ltd. Versus United India Insurance Co. Ltd., II (1996) CPJ 6 (NC).
National Consumer Disputes Redressal Cites 1 - Cited by 1 - Full Document

M/S Hanil Era Textiles Limited vs Oriental Insurance Co. Ltd. & Ors on 29 November, 2000

Further, as already discussed in the preceding part of the judgment, in M/s P.P. Agro Industries Vs. National Insurance Co. Ltd. & 2 Ors., (supra), the Hon'ble National Commission in Para 20 has specifically held, interalia, that "........This however cannot be taken to mean that damage caused due to fire per se would stand excluded if the origin of such fire lay in spontaneous combustion. Origin of Fire would be quite immaterial as long as the factum of Fire was not in dispute and the factum of damage and loss of property was established. Perhaps the only exception to this would be an allegation of arson: however, in the case in hand, there is no such allegation." Similar view is held by Hon'ble National Commission in case "Oriental Insurance Company Limited Versus Sukhdev Singh & Anr.', III (2010) CPJ 400. Further in New India Assurance Co. Ltd. Versus Taj Sugar Works & Anr., II (2002) CPJ 43 (NC), the question before Hon'ble National Commission "Whether spontaneous combustion equivalent to fire?" was answered in 'Yes'. Similar was the view held by Hon'ble National Commission in Saraya Sugar Mills Ltd. Versus United India Insurance Co. Ltd., II (1996) CPJ 6 (NC).
Supreme Court of India Cites 1 - Cited by 12 - K G Balakrishnan - Full Document

United India Insurance Co. Ltd vs M.K.J. Corporation on 21 August, 1996

"22. Further, it is settled law that contract of insurance is based upon good faith. It is the duty of the insurers and their agents to disclose all material facts within their knowledge since obligation of good faith applies to them equally with the assured [(Re. M/s. United India Insurance Co. Ltd Vs. M.K.J. Corporation, (1996) 6 SCC 428)]. If the insurance coverage was not extended even by taking additional premium for the damage caused by spontaneous combustion/natural heating which may not result in fire, it ought to have been clearly stated.
Supreme Court of India Cites 1 - Cited by 169 - K Ramaswamy - Full Document

Lucknow Development Authority vs M.K. Gupta on 5 November, 1993

In the case titled as Lucknow Development Authority v. M K Gupta (1994) 1 SCC 243, the Hon'ble Supreme Court discussed about the extent of the jurisdiction of the Consumer Fora to award just and reasonable compensation for the harassment and agony suffered by a consumer. In the peculiar facts and circumstances of the case, we are of the 21 considered opinion, if we award an amount of Rs.2 Lakhs each (in both these complaints) as compensation for mental agony and harassment suffered by the complainant for all the years together on account of deficiency in rendering service and adopting unfair trade practice on the part of the opposite parties, that will met the ends of justice.
Supreme Court of India Cites 30 - Cited by 1040 - R M Sahai - Full Document

Consumer Education & Research Society & ... vs Iffco Tokio General Insurance Co. Ltd. & ... on 19 March, 2013

21] This issue is no longer res integra in view of dictum laid down by Hon'ble National Commission in case titled Consumer Education and Research Society & Anr. Vs. IFFCO-Tokio General Insurance Co. Ltd. & Anr., II (2012) CPJ 142 (NC). In this case, the claim was repudiated because there was no fire and the molasses got burnt due to spontaneous combustion.
National Consumer Disputes Redressal Cites 4 - Cited by 1 - Full Document
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