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2004 Supreme(SC) 245

SHIVARAJ V.PATIL, A.R.LAKSHMANAN
United India Insurance Co. LTD. – Appellant
Versus
Pushpalaya Printers – Respondent


JUDGMENT

Shivaraj V. Patil, J.-The respondent filed a complaint before the District Consumer Disputes Redressal Forum (District Forum) under Section 12 of the Consumer Protection Act, 1986 (for brevity the Act ) praying for settlement of an insurance claim at Rs. 75,000/- along with interest at the rate of 18% per annum. The appellant repudiated the claim on the ground that damage caused to the building and printing press of the respondent was not covered by Clause 5 of the insurance policy. The District Forum accepting the contention urged on behalf of the appellant held that there was no deficiency of service on the part of the appellant and dismissed the complaint as not maintainable. The respondent filed appeal before the State Consumer Disputes Redressal Commission (State Commission) against the order of the District Forum. The State Commission, on interpretation of the word "impact" contained in Clause 5 of the insurance policy, allowed the appeal, set aside the order of the District Forum and granted relief to the respondent directing the appellant to pay a sum of Rs. 75,000/- with interest at the rate of 12% per annum with effect from 18.10.1994 till the date of payment. Th



















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