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july 2005

Supreme Court of India · 2005-07-14

DIVISIONAL MANAGER, U.I.I.CO. LTD. vs SAMIR CHANDRA CHAUDHARY

Citation / case number
SC 2004/23027
Court
Supreme Court of India
Petitioner
DIVISIONAL MANAGER, U.I.I.CO. LTD.
Respondent
SAMIR CHANDRA CHAUDHARY
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the National Consumer Disputes Redressal Commission, affirming that the damage caused to the complainant's vehicle by a falling Eucalyptus tree was covered under the insurance policy. The Court noted 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 from 18% to 12% per annum, emphasizing the insurer's liability under the Consumer Protection Act, 1986.

DIVISIONAL MANAGER, U.I.I.CO. LTD. vs SAMIR CHANDRA CHAUDHARY · Niyam