SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(SC) 987

SANJAY KISHAN KAUL, K. M. JOSEPH
Yashowanta Narayan Dixit – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellant : Shibashish Misra.
For the Respondents: Manjeet Chawla, Karri Venkata Reddy, Pankaj Seth.

ORDER :

1. Leave granted.

2. The appellant presented a claim to the respondent-Insurance Company on account of the loss of stock in trade comprising of raw materials including Mustard Oil Seed, Mustard Oil in tanks and its by-products, which were damaged during the super cyclone which hit the appellant's business premises on 29th October, 1999. The claim was not honoured and as a result, CD Case No. 197/2003 was filed before the State Consumer Disputes Redressal Commission, Orissa, Cuttack (State Commission) making a claim of Rs. 69,06,685/-.

3. The claim was adjudicated and damages were calculated at Rs. 12,63,355/- as per purchase bills by the appellant. Owing to the financial necessity of the appellant, Rs. 3,00,000/- (Rupees three lakhs) were directed to be paid to him by the respondent-Insurance Corporation by way of an interim order. Taking into consideration the report of the surveyor and in the totality of the facts and circumstances, a lump-sum amount of Rs. 16,00,000/- (Rupees sixteen lakhs) was awarded. We may notice that the claim arises from an incident of 1999 and the orders were passed only in the year 2007, after eight years, as aforesaid, with cost of Rs. 5,000/- (Rup

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top