Vaibhav Dyestuff Industries VS New India Insurance Co. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. P. SAHI
Vaibhav Dyestuff Industries – Appellant
Versus
New India Insurance Co. Ltd. – Respondent

Advocates:
Counsel for the Parties:
In FA/613/2015:
For the Appellant:Ms. Aditi P. Deshpande, Advocate (Through VC)
For the Respondents:Mr. Abhishek Gola, Advocate (Through VC)
For the OP-3 Ex-Parte Vide Order Dated 16/12/2016
For the OP-4 -None
In FA/633/2015:
For the Appellant:Mr. Abhishek Gola, Advocate (Through VC)
For the Respondents:Ms. Aditi P. Deshpande, Advocate (Through VC)
For the OP-2 and 3 Ex-Parte Vide Order Dated 15.2.2016

ORDER

These two appeals arise out of a common order dated 26.06.2015 passed by the State Consumer Disputes Redressal Commission, Gujarat in Complaint No. 69 of 2010. The impugned order is in native Gujarati and a translated copy thereof has been placed on record.

2. Appeal No. 613 of 2015 has been filed by the complainant praying for enhancement of the amount of claim awarded by the State Commission, contending that the claim has been only partly allowed and the loss has been inadequately compensated. Appeal No. 653 of 2023 has been filed by the Insurance Company for setting aside the entire impugned order of the State Commission.

3. Having heard learned counsel for the parties, the facts which remain undisputed are that the complainant, which is a Dye manufacturing unit, took insurance coverage in respect of buildings, plant, machinery and accessories of the said unit for production of chemical colour fabrication and stocks relating thereto, where a total sum of Rs.1,76,00,000/- was insured. The policy is a Standard Fire and Special Perils Policy and is also governed by the additional conditions of the Standard Fire and Special Perils Policy (Material Damage). The relevant clause