UNITED INDIA INSURANCE CO. LTD. vs STERLITE POWER TRANSMISSION LTD.

Judgment text excerpt

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd, August, 2025 + CM(M) 1569/2025, CM APPL. 51589/2025, CM APPL. 51590/2025 & CM APPL. 51591/2025 UNITED INDIA INSURANCE CO. LTD. .....Petitioner Through: Mr. Ashish Dholakia, Sr. Advocate with Mr. Amit Kumar Singh, Ms. K Enatoli Sema, Ms. Chubalemla Chang, Mr. Prang Newmai, Advocates. versus STERLITE POWER TRANSMISSION LTD. .....Respondent Through: Mr. Karun Mehta with Ms. Pratiksha Mishra, Mr. Yugam Taneja, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner-Company has challenged order dated 26.05.2025, whereby their appeal has been disposed of merely on a technical issue as delay in lodging the appeal, which was stated to be of 22 days, has not been condoned. 2. Facts lying in a very narrow compass. 3. A policy for “Storage Cum Erection Insurance” was issued by petitioner herein to the respondent. 4. It was valid for the period between 16.07.2016 to 15.05.2017. 5. During the abovesaid period, a fire broke out at the storage site of the respondent. 6. A surveyor was appointed and, eventually, a claim of Rs. 4,47,58,757/- was raised by respondent. Signature Not Verified Digitally Signed CM(M) 1569/2025 1 By:DINESH CHANDRA Signing Date:23.08.2025 16:36:29 7. However, such claim was repudiated by the Insurance Company, which compelled the respondent to file a Consumer Complaint before the learned District Consumer Disputes Redressal Forum, Udyog Sadan, New Delhi. 8. The complaint was, ultimately, allowed by the learned District Commission vide judgment dated 03.01.2025, holding Insurance Company guilty of deficiency in service and directing them to pay amount as assessed by the original assessor i.e. Rs. 4,47,58,757/- along with interest @ 7% per annum from the date