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july 2005

Supreme Court of India · 2005-07-14

Divisional Manager, United India ... vs Samir Chandra Chaudhary

Court
Supreme Court of India
Petitioner
Divisional Manager, United India ...
Respondent
Samir Chandra Chaudhary
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the decision of the National Consumer Disputes Redressal Commission, affirming that the damage to the complainant's vehicle caused by a falling Eucalyptus tree was covered under the insurance policy. The Court clarified that the insurer's repudiation of the claim based on the assertion of a storm was unfounded, as evidence from the Meteorological authority indicated no storm occurred. The Court confirmed the award of Rs. 50,753 for repair costs and reduced the interest rate to 12% per annum, thereby dismissing the insurer's appeal under the Consumer Protection Act, 1986.

Divisional Manager, United India ... vs Samir Chandra Chaudhary · Niyam