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MADRAS HIGH COURT
M/S.OPG ENERGY P.LTD. – Appellant
Versus
THE NEW INDIA ASSURANCE CO. – Respondent


J U D G M E N T

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 Bap Village, Phalodi Tehsil, Jodhpur District of Rajasthan. The plaintiff is engaged in production of power using solar panels and supply of 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.71030011110100000135 covering Fire and Special Perils and Policy No.71030011110500000002 covering Business Interruptions from the 1st defendant covering the risks for the 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, Ex

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