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december 2008

Supreme Court of India · 2008-12-15

ORIENTAL INSURANCE CO.LTD. vs M/S KALA EMPORIUM PVT.LTD.

Citation / case number
SC 2007/19727
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO.LTD.
Respondent
M/S KALA EMPORIUM PVT.LTD.
Author
B.N. AGRAWAL,G.S. SINGHVI, , ,
Bench
B.N. AGRAWAL,G.S. SINGHVI, , ,

Judgment text excerpt

The Supreme Court held that the National Commission erred in directing the Insurance Company to pay compensation based on letters allegedly indicating a mutual settlement, as the respondent did not challenge the State Commission's order and failed to provide evidence of such a settlement. The Court restored the State Commission's order, emphasizing the necessity of evidence in support of claims for compensation. Consequently, the appeal by the Insurance Company was allowed, and the National Commission's order was set aside.

ORIENTAL INSURANCE CO.LTD. vs M/S KALA EMPORIUM PVT.LTD. · Niyam