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2020 Supreme(SC) 323

D.Y.CHANDRACHUD, AJAY RASTOGIZ
Bajaj Allianz General Insurance Co Ltd – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the parties:Manish Singhvi, Arjun Garg, Sahil Tagotra, Aditya Ranjan, Advocate

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

1 Leave granted.

2. The present appeals arise from a judgment of the National Consumer Disputes Redressal Commission ["NCDRC"] dated 10 August 2018 which in first appeal upheld the judgment of the Madhya Pradesh State Consumer Disputes Redressal Commission ["SCDRC"]. The SCDRC held the appellant to be deficient in its service and directed it to pay compensation of Rs. 64,89,205 towards the cost of repair of a helicopter to the respondent. Both the appellant and the respondent had preferred appeals against the order of the SCDRC. The NCDRC dismissed the appeal [First Appeal No. 279 of 2009] preferred by the appellant and partly allowed the appeal [First Appeal No .25 of 2010] preferred by the respondent for enhancement of compensation and awarded interest at the rate of six percent per annum.

3. The respondent purchased a "Transit Marine Insurance Policy" from the appellant on 21 July 2005, to cover the transportation of a Bell - 430 Helicopter from Langley, Canada to Bhopal, India. By an acceptance letter dated 1 July 2005, the appellant set out the transit route for the transportation of the helicopter by air, sea and road. By a letter dated


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