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may 2009

Supreme Court of India · 2009-05-29

Sikka Papers Ltd vs National Insurance Co. Ltd. & Ors

Citation / case number
AIR 2009 SUPREME COURT 2834
Court
Supreme Court of India
Petitioner
Sikka Papers Ltd
Respondent
National Insurance Co. Ltd. & Ors
Author
R.M. Lodha
Bench
R.M. Lodha, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the National Commission's order directing the insurer to pay Rs. 10,47,491 with interest at 12% from March 1, 2000, for the complainant's claim regarding the breakdown of a diesel generating set insured under policy No. 451902/46/99/415. The Court established that the insurer's failure to reimburse the full repair costs constituted a deficiency in service under the Consumer Protection Act, 1986, and emphasized the insurer's obligation to honor the terms of the insurance policy. The Court rejected the insurer's arguments regarding under-insurance and depreciation deductions, affirming the complainant's right to full compensation for the damages incurred.

Sikka Papers Ltd vs National Insurance Co. Ltd. & Ors · Niyam