SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(KER) 11921

HIGH COURT OF KERALA
Sathish Ninan, JOHNSON JOHN, JJ
CAPITHAN EXPORTING CO. – Appellant
Versus
THE NEW INDIA ASSURANCE CO.LTD – Respondent


Advocates:
SRI.JOSEPH KODIANTHARA (SR.), JOSEPH KODIANTHARA (SR.), MATHEWS K.UTHUPPACHAN, P.B.KRISHNAN, TERRY V.JAMES, SHARAN SHAHIER, SRI.GEORGE CHERIAN (SR.), SRI.M.R.GOPALAKRISHNAN NAIR, SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN

JUDGEMENT

Sathish Ninan, J.

The suit for money under a contract of insurance, was dismissed by the trial court. The plaintiffs are in appeal.

2. The plaintiffs are two partnership firms. The second plaintiff is stated to be a sister concern of the first plaintiff. The plaintiffs are represented by its common Managing Partner. The firms are engaged in seafood processing business. Plaintiffs 1 and 2 had entered into contracts of insurance with the first defendant Insurance Company for ₹ 1.20 Crores and Rs.70 lakhs respectively. The second defendant is the Bank from which the plaintiffs had availed credit facilities on hypothecation of the stock in trade. The plaintiffs had a common storage facility. On 22.07.1994, there C. R. occurred a major fire in the storage room, resulting in huge damage. Immediately, the incident was intimated to the defendants. The first defendant, through its surveyor, estimated the loss of the first plaintiff at Rs. 51,62,498/-, and of the second plaintiff at Rs. 36,72,091. Though the claim of the plaintiffs were for a higher amount, they acceded to the assessment. However, the Insurance Company repudiated the entire claim. Hence the suit was filed for realisat

                    Click Here to Read the rest of this document
                    1
                    2
                    3
                    4
                    5
                    6
                    7
                    8
                    9
                    10
                    11
                    SupremeToday Portrait Ad
                    supreme today icon
                    logo-black

                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                    Please visit our Training & Support
                    Center or Contact Us for assistance

                    qr

                    Scan Me!

                    India’s Legal research and Law Firm App, Download now!

                    For Daily Legal Updates, Join us on :

                    whatsapp-icon telegram-icon
                    whatsapp-icon Back to top