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2020 Supreme(SC) 774

D.Y.CHANDRACHUD, AJAY RASTOGI
New India Assurance Co. Ltd. – Appellant
Versus
Buchiyyamma Rice Mill – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.K. Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR
For the Respondent: Mrs. K. Radha, Adv. Mr. K. Maruthi Rao, Adv. Mrs. Anjani Aiyagari, AOR

JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. Leave granted.

2. This appeal arises from a judgment of the National Consumer Disputes Redressal Commission(“NCDRC”) dated 4 February 2019, by which the decision of the State Consumer Disputes Redressal Commission(“SCDRC”) was reversed and the insurer was directed to pay a sum of Rs 29,23,503 together with interest at the rate of nine per cent per annum from the date of repudiation of claim i.e. 15 October 2007.

3. The first respondent has a rice mill situated in East Godavari District of Andhra Pradesh. The claim of the first respondent was in terms of three standard fire and special perils insurance policies, to cover specified risks in respect of plant and machinery, the building, the godowns, stock of rice, paddy, and the boiling units in the year 2004-2005. On 19 April 2005, the first respondent reported that while the rice mill was in operation, a lorry which was in the process of reversing, collided with the boiler unit, as a result of which the boiler unit collapsed in its entirety together with sixteen storage tanks including a paddy bin and an elevator. The damage was estimated at Rs 76 lakhs. A First Information Report was lodged on

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