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.