Public Limited Company vs Opponent Insurance Company

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Guj) 1260

GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AHMEDABAD
R. N. Mehta (Member)
Public Limited Company – Appellant
Versus
Opponent Insurance Company – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Chirag Kothari
For the Respondents: Mr. Sandeep Shah

Table of Content
1. claim related to machinery breakdown and insurance coverage. (Para 1 , 2 , 3)
2. rejoinder and affidavit submitted supporting the claim. (Para 5 , 6)
3. court’s analysis emphasizing compliance with operating manual. (Para 8 , 9 , 10)

1. The present complainant has been filed by a public limited company and prayed for direction to the opponent to pay the complainant the sum of Rs.82,97,446 towards reimbursement of loss suffered by it on account of machinery breakdown which was insured under the policy issued by the opponent and further prayed for interest @18 % from the date of loss. The complainant also claimed special compensation for alleged hardship, mental agony, harassment due to negligent attitude and indulgence of opponent in Unfair Trade Practice and cost of complaint.

2. It is stated in the complaint that the complainant is a Public Limited Company having its manufacturing plant at Survey No. 1453, Village Rajpur, Taluka: Kadi, Kadi - Mehsana Highway, North Gujarat, Pin: 382715. The complainant is engaged in manufacturing of papers of various kind including Map litho, News Print, Duplex Board, Cast Coated paper, Colour Paper, Fluorescent Paper, and Coated pa