NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Not Mentioned, J
Subrat Jalan – Appellant
Versus
New India Assurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. arguments and legal submissions in support of the claim. (Para 1 , 6) |
| 2. facts surrounding the insurance claim and its repudiation. (Para 2 , 3 , 4) |
| 3. court observations on the validity of the insurer's actions. (Para 5 , 7 , 9 , 11 , 12) |
| 4. ratio decidendi regarding the indemnity principle in insurance. (Para 8 , 10) |
1. Heard Mr. Ashok Anand, Advocate, for the complainant and Mr. J.P.N. Shahi, Advocate, for opposite parties - 1 and 2.
2. Subrat Jalan has filed aforementioned complaint for directing New India Assurance Company Ltd. (the Insurer) to pay (i) insurance claim of Rs.1,05,06,735 with interest @12% per annum, from the date of the loss till its actual payment, (ii) Rs.5 lacs as the compensation for mental agony and physical harassment, (iii) the cost of litigation and (iv) any other relief which may be deemed fit and proper, in the facts and circumstances of the case.
3. The facts, as stated in the complaint and emerged from the documents attached with the complaint, are as follows:
(a) The complainant was a sole proprietor of M/s. Kamadgiri Fabrics Sahebganj, Gorakhpur (hereinafter referred to as the Insured). The Insured was engaged in manufacture of differe
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