LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 November 2009

Landmark judgment of SC on Consumer Matter

Supreme Court     

 

Messrs Shobika Attire Vs New India Assurance Company Limited And Another


    CASE NO:
Appeal (Civil) 2066 of 2006

LEGISLATIONS:
Section 23 of the Consumer Protection Act, 1986

Date of Judgment: 15 Sep 2006

    Messrs Shobika Attire

    Vs

    New India Assurance Company Limited And Another

    JUDGE:
    ALTAMAS KABIR

    Date of Judgment: 15 Sep 2006

    BENCH:
    DR. AR. LAKSHMANAN AND ALTAMAS KABIR

    CASE NO:
    Appeal (Civil) 2066 of 2006

    LEGISLATIONS:
    Section 23 of the Consumer Protection Act, 1986

    Summary:
    In our view, the appellants had discharged the initial burden regarding destruction, damage of the showroom and the stocks therein by fire and riot in support of the claim under the insurance policy and it was for the insurance company to disprove such claim with evidence, if any. In our view, the insurance company, despite the report of the investigator, failed to establish that the claim of the appellants was not justified and was not covered by the policy of insurance. Inasmuch as, the insurance company was within its rights to cause an inquiry into the incident and it approved the appellants' claim of Rs.1, 02, 38, 738/- based on the report of the investigator, we are unable to agree with the submission made on behalf of the appellants that apart from the actual claim, the appellants are also entitled to payment of compensation towards hardship, mental agony and harassment. We, therefore, allow the appeal and direct the respondent-insurance company to pay to the appellants the balance amount of Rs.97, 83, 827/- together with interest at the rate of 9% per annum from the date of the claim till payment. Such payment is to be made within a month from date. There will be no order as to costs.



Learning

 8 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     01 November 2009

GREAT JUDGMENT,FRIEND...BE IN POST  WITH LANDMARK JUDMT EVEN IN NI ACT, TAX,CRIMINAL,CIVIL, ETC.,

Adinath@Avinash Patil (advocate)     02 November 2009

DEAR RAJ, EXCELLENT JUDGMENT.THANX

J Manivannan (Advocate & Consultant)     03 November 2009

Thank you for sharing ..................

V.V.RAMDAS (Advocate)     03 November 2009

Dear Mr. Makad, It is excelent step but kindly post the name of the text where it has been publiched.

K. Rajendra Prakash (Advocate)     09 November 2009

Thank you Dear Mr. Raj

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     09 November 2009

PLEASE FIND THE CASE  CIVIL CASE NO 20660F 2006 IN WWW.JUDIS.NIC.IN ,AND ATTACHED HEREBY


Attached File : 26 26 cosumer case law.pdf downloaded: 269 times

Thyagarajan (Property management)     20 November 2009

Dear Raj Kumar, I have feeling that the judgment will go re-view considering the eight digit money compensation . Hope the ranking you gave 'landmark judgment' is confirmed by re-view judges as well.

K. Rajendra Prakash (Advocate)     21 November 2009

Dear Mr. Raj,

Kindly post land judgment on Hindu Succession (Amendment)Act 2005


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register