New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. (2015, SCC) - This landmark Supreme Court judgment clarified the scope of the Insurance Act, emphasizing that insurance companies cannot deny claims solely based on procedural lapses if the cause of action and coverage are established. It underscored the importance of substantive justice over technicalities PUNARVASU CHIKITSALAY AND 2 OTHERS SITUATED AT-SHANTIPRASAD APARTMENTS, 1125-B, MODEL COLONY, SHIVAJI NAGAR, PUNE-411016 - APPELLANTS VS MANDAR SHARAD AKATNAL RESIDING AT-MATOSHRI NIWAS, POKALI WASTI, BIBWEWADI, PUNE-411037 - Consumer, TEPCON INTERNATIONAL (INDIA) LIMITED VS UNION OF INDIA - Calcutta.
Legal Principles and Timelines - The judgment reinforced strict adherence to procedural timelines, such as filing written statements within prescribed periods (e.g., 30 days, extendable by 15 days), and highlighted that courts have limited powers to extend these timelines beyond statutory limits TDI Infrastructure Ltd VS Vikram Barwal - Delhi, Shri.Morya Construction vs Ujjwalkumar Dhanraj Chopda - Consumer State.
Application in Consumer Cases - The Supreme Court's ruling has been frequently cited in consumer disputes, guiding District Consumer Disputes Redressal Commissions to proceed with cases when procedural deadlines are missed, provided substantive rights are not prejudiced ORIENTAL INSURANCE CO. LTD. VS BALCHAND COTTON - Consumer, INDSCDRC00000004425.
Impact on Insurance Litigation - The judgment emphasizes that procedural lapses should not obstruct justice, and courts should interpret insurance laws and timelines in a manner that favors substantive justice, aligning with the Court’s broader jurisprudence Suer, Housefed VS Anu Singla - Consumer, Bajaj Allianz General Insurance Co. Ltd. VS Sundent India - Consumer.
Overall Significance - The case is a cornerstone in insurance law, reinforcing that technicalities should not hinder justice and that courts must balance procedural rules with the substantive rights of parties, especially in claims involving insurance companies and policyholders PUNARVASU CHIKITSALAY AND 2 OTHERS SITUATED AT-SHANTIPRASAD APARTMENTS, 1125-B, MODEL COLONY, SHIVAJI NAGAR, PUNE-411016 - APPELLANTS VS MANDAR SHARAD AKATNAL RESIDING AT-MATOSHRI NIWAS, POKALI WASTI, BIBWEWADI, PUNE-411037 - Consumer, Shri.Morya Construction vs Ujjwalkumar Dhanraj Chopda - Consumer State.
Analysis and Conclusion:
The Supreme Court's decision in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. (2015) serves as a guiding precedent emphasizing substantive justice over procedural rigidity. It influences how courts handle insurance claims, procedural deadlines, and litigation strategies, advocating for a balanced approach that prioritizes fair resolution of disputes PUNARVASU CHIKITSALAY AND 2 OTHERS SITUATED AT-SHANTIPRASAD APARTMENTS, 1125-B, MODEL COLONY, SHIVAJI NAGAR, PUNE-411016 - APPELLANTS VS MANDAR SHARAD AKATNAL RESIDING AT-MATOSHRI NIWAS, POKALI WASTI, BIBWEWADI, PUNE-411037 - Consumer, TEPCON INTERNATIONAL (INDIA) LIMITED VS UNION OF INDIA - Calcutta, Shri.Morya Construction vs Ujjwalkumar Dhanraj Chopda - Consumer State.
India Assurance Co. ... India Assurance Co. ... India Assurance Co. ... Three Judges Bench of Hon'ble Supreme Court in the matter of New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd.
INDIA ASSURANCE COMPANY LIMITED VS. ... INDIA ASSURANCE COMPANY LIMITED VS. ... INDIA ASSURANCE COMPANY LIMITED VS. ... Mukherjee appearing for the plaintiff has relied on a decision in the case of NEW INDIA ASSURANCE COMPANY LIMITED VS. HILLI MULTIPURPOSE COLD STORAGE PRIVATE LIMITED reported in (2015) 16 Supreme Court Cases page 22.
3, 4, 5) ... ... (B) Limitation for filing written statement - The Apex Court in New ... To deal with this issue, we deem it appropriate to refer to New India Assurance Vs Hilli Multipurpose Cold Storage Pvt. Ltd reported in 18.09.2023 passed by the District Consumer Disputes Redressal Commission-II, South District, New Delhi in Consumer Complaint No. 67/2023 titled Ms.
India Assurance Co. ... Hilli Multipurpose Cold Storage Pvt. Ltd.” ... Hilli Multipurpose Cold Storage Pvt. Ltd.” ... The matter has been duly considered by the Hon’ble Supreme Court in “New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd.” ... Respectfully following the judgment given by the Hon’ble Supreme Court in “New India As....
The court found no merit in the petition based on the Supreme Court's ruling in New India Assurance Co. Ltd. Vs. ... Hilli Multipurpose Cold Storage (P) Ltd. (2020) 5 SCC 757. ... Thus, in view of the order passed by the Hon’ble Supreme Court of India in the case of New India Assurance Co. Ltd. Vs. ... Hilli Multipurpose Cold Storage (P) 1 Whether Reporters of the local papers may be allowed to se....
Section 38 of new Act 2019, just replicating Section 13 of the old Act, the law should remain the same. 7.
India Assurance Co. ... Hilli Multipurpose Cold Storage (P) Ltd.: (2020) 5 SCC 757. ... written statement is 30 days, extendable by 15 days - The Commission has no power to extend the time beyond this limit as held in New ... Relying on New India Assurance Co. ... This court is conscious of the following observations contained in New India Assurance Co. Ltd. v. Hilli Mu....
The court referred to the judgments of the Hon'ble Supreme Court in New India Assurance Co. Ltd. vs. ... Hilli Multipurpose Cold Storage Pvt. Ltd. and Reliance General Insurance Co. Ltd. and Anr. Vs. ... Therefore, in view of the judgment of Hon'ble Supreme Court in the matter of New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd. ... This question has been answered in the affirmative in #HL....
Hilli Multipurpose Cold Storage Pvt. ... In such circumstances, in the light of judgment of Hon’ble Apex Court in I (2016) CPJ 1 (SC) – New India Assurance Co. Ltd. Vs. ... In such circumstances, in the light of judgment of Hon’ble Apex Court in I (2016) CPJ 1 (SC) – New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. ... Living Media India Ltd. and Anr.; and (3) 2012 (2) CPC 3 (....
India Assurance Co. ... -Vs- Hilli Multipurpose Cold Storage Pvt. Ltd. emphasized strict adherence to timelines for filing documents. ... within the stipulated 45 days leading to an order by the District Commission to proceed without it - The Supreme Court ruling in New ... The constitution bench of the Hon’ble Supreme Court in case of New India Assurance Co. Ltd. –Vs- Hilli Multipurpose Cold Storage Pvt. Ltd. a h....
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