JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. The appeal arises from a judgment of the National Consumer Disputes Redressal Commission¹[“NCDRC”] dated 14 August 2018 in Consumer Case No 37 of 2010.

2. The insurance claim of the appellants arose under a Deterioration of Stock Policy²[“DOS Policy”] which covered the stock of potatoes stored by the appellant in cold storage. The relevant terms of the DOS Policy indicated that:

“...THIS POLICY OF INSURANCE WITNEESETH that in consideration of the insured having paid to the company the premium mentioned in the schedule hereon the company hereby agrees with the insured that at any time during the period of insurance stated in the Schedule II or during any subsequent period for which the insured pays and the company may accept the premium for the renewal of this policy the company will indemnify the insured in the manner and to the extent hereinafter provided for damage to the stocks described in schedule II by contamination and/or deterioration, putrefaction as a result of rise in temperature in the Refrigeration Chambers caused by any loss of or damage due to an accident, as defined hereinafter to the Plant and Machinery specified in schedule