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2022 Supreme(SC) 389

AJAY RASTOGI, ABHAY S. OKA
Narsingh Ispat Ltd. – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent


Advocates appeared:
For the Appellant(s) :Santosh Kumar - I, Shashwat Singh, Advocates
For the Respondent(s):Santosh Paul, Vedant Mishra, Sriharsh N. Bundela, M. J. Paul, Maithreya Shetty, Akshay Kumar, Advocates

JUDGMENT :

ABHAY S. OKA, J.

1. This is an appeal under Section 23 of the Consumer Protection Act, 1986. The appellant has challenged the judgment and order dated 18th October 2016 of the National Consumer Disputes Redressal Commission (for short, ‘the Commission’). By the said Judgment, the Commission dismissed the Consumer Complaint No. 165 of 2012 filed by the appellant.

2. The appellant had taken Standard Fire and Special Perils Policy from the respondent-insurance company for the period from 28th June 2009 to 27th June 2010. The policy was in respect of Engineering Workshop and Plant at Village Khunti District Saraikela, Jharkhand. The total sum assured was Rs. 26,00,00,000/- under different headings. The appellant paid a premium of Rs. 2,20,462/-. According to the appellant, the policy covered the loss caused to the property of the appellant on account of fire, lightning, explosion, riots, strike etc.

3. The appellant lodged a claim on the basis of the said policy, based on the incident of 23rd March 2010. As per the claim made by the appellant, after midnight of 22nd March 2010, about 5060 antisocial people with arms and ammunition entered the factory premises of the appellant at

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