M/s. Sunstar Overseas Ltd. vs The National Insurance Co. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NCDRC) 2508

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. JUSTICE A.P. SAHI, CJ, MR. BHARATKUMAR PANDYA, J
M/s. Sunstar Overseas Ltd. – Appellant
Versus
The National Insurance Co. Ltd. – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Jawahar Narang
For the Respondents: Ms. Shantha Devi Raman, Mr. Mayank Ranjan Yadav

Table of Content
1. loss occurred due to adverse weather conditions. (Para 1 , 2 , 8)
2. claims of significant weather impact and damages presented. (Para 10 , 12 , 13)
3. analysis of meteorological reports affecting claim decision. (Para 14 , 26 , 27)
4. evaluation of surveyor’s report and its deficiencies in assessing damage. (Para 15 , 29 , 30 , 41)
5. conclusion on the indemnifiable amount based on assessed damage. (Para 43)

ORDER

JUSTICE A.P. SAHI, PRESIDENT

1. The Complainant suffered a loss on account of adverse weather conditions which the Complainant alleges to be a thunderstorm combined with lightning. The loss occurred at the Sun Star Tangra Plant where a lightning according to the Complainant struck the Sun Star Rice Sheller Plant line 1 on 1.6.2011. The damage was coupled with loss of life and harm to other properties and some workers were also injured who were sent to Jain Hospital Jandiala. The damage was to the Parboiling Plant of the unit. The intimation about the incident was given telephonically and also sent in writing to the Insurance Company through the letter dated 02.06.2011. The letter dated02.06.2011 is extracted hereinunder:-

“Dated 2/6/2011

To,

The SDM

National Insu