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september 2009

Supreme Court of India · 2009-09-01

New India Assurance Company Ltd vs M/S Zuari Indsustries Ltd. & Ors

Court
Supreme Court of India
Petitioner
New India Assurance Company Ltd
Respondent
M/S Zuari Indsustries Ltd. & Ors
Author
Markandey Katju
Bench
Markandey Katju, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court upheld the National Consumer Disputes Redressal Commission's decision allowing the respondent's claim for damages under the fire insurance policy. The Court established that the proximate cause of the damage was the short circuit leading to a flashover, which constituted a fire event under the policy terms. The Court rejected the appellant's argument that the damage was solely due to thermal shock from the loss of electricity, affirming that the presence of fire was sufficient for the claim to succeed under the relevant insurance provisions.

New India Assurance Company Ltd vs M/S Zuari Indsustries Ltd. & Ors · Niyam