Supreme Court of India · 2011-03-09
New India Assurance Co.Ltd vs Priya Blue Industries Pvt. Ltd
- Citation / case number
- AIR 2011 SC (CIVIL) 946
- Court
- Supreme Court of India
- Petitioner
- New India Assurance Co.Ltd
- Respondent
- Priya Blue Industries Pvt. Ltd
- Author
- B. Sudershan Reddy
- Bench
- Surinder Singh Nijjar, B. Sudershan Reddy
Judgment text excerpt
The Supreme Court upheld the National Consumer Disputes Redressal Commission's order under Section 23 of the Consumer Protection Act, 1986, directing the insurance company to pay Rs. 13.69 crores with interest for the total loss of a vessel during its voyage. The Court affirmed that the proximate cause of the loss was an insured peril under Clause 4.1.1 of the Institute Voyage Clauses, as the vessel was stranded due to heavy weather, which is a peril of the sea. The Court found no infirmity in the Commission's judgment, thereby dismissing the appeal.