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2024 Supreme(Cal) 87

SABYASACHI BHATTACHARYYA
West Bengal Power Development Corporation Limited – Appellant
Versus
New India Assurance Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Suddhasatva Banerjee, Adv., Mr. Chayan Gupta, Adv., Mr. Shoham Sanyal, Adv., Mr. Aviroop Mitra, Adv.
For the Respondent: Mr. S.N. Ganguly, Adv., Mr. Siddhartha Goswami, Adv., Mr. Vivekananda Das, Adv.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The petitioner no.1, the West Bengal Power Development Corporation Limited, is a Public Sector Undertaking of the Government of West Bengal. One of its main thermal power plants is situated at Bakreswar in Birbhum, West Bengal which was covered by a comprehensive Mega/Industrial All Risk Insurance Policy from the respondent, the New India Assurance Company Limited for a total sum insured of Rs. 73,56,36,46,295/-. In August, 2017, sudden vibration was observed in the machinery. The supplier of the plant and machineries, Bharat Heavy Electricals Limited (BHEL) was contacted for advice and the operational parameters were transmitted to BHEL. As per the advice of BHEL, the unit was shut down in August, 2018 to facilitate inspection. The Turbo Generator Set was dismantled and inspected when the Generator Rotor was found damaged, the findings of the inspection and recommendations regarding which were drawn in a Minutes of meeting between BHEL and petitioner no.1 on August 19, 2018 which has been annexed to the present writ petition. Ultimately, the petitioner no. 1 lodged an insurance claim with the respondent-insurance company in September 9, 201

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