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2018 Supreme(Mad) 151

R.SUBRAMANIAN
Swiss Park Vanijya (P) Ltd. , Rep by its General Manager, Chennai – Appellant
Versus
New India Assurance Company Ltd. , Rep by its Divisional Manager, Chennai – Respondent


Advocates Appeared:
For the Plaintiff :K. Ramaswamy, Advocates.
For the Defendants :S.P. Chockalingam, Advocate.

JUDGMENT :

1. The suit has been filed by the plaintiff seeking compensation for the loss caused to the Solar panels of the plaintiff due to the cyclonic storm that hit the area around the factory area of the plaintiff in Jodhpur District of Rajasthan on 13.05.2012.

Brief summary of the plaint is as follows:

2. The plaintiff is a Private Limited Company having their Registered Office at Chennai and the Factory premises is at Tinwari Village, Tehsil Osian, Jodhpur District of Rajasthan. The plaintiff is engaged in production of power using solar panels and it supplied such power to various Central and State Government undertakings. In order to cover the risk of natural calamities the plaintiff had obtained Fire and Special Perils Policy and Business Interruption Policy. The plaintiff had obtained the policy bearing No.71030011110100000134 covering Fire and Special Perils and Policy No.71030011110500000003 covering Business Interruption Policy from the 1st defendant covering the risks for 5 MW Solar Power plant inclusive of the Solar panels installed at the plant, transformer cables, electrical equipments, and other miscellaneous assets against the loss/damage caused by Fire, Lightening,




































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