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march 2011

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.

New India Assurance Co.Ltd vs Priya Blue Industries Pvt. Ltd · Niyam