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Supreme Court of India 2021-08-18 allowed

National Insurance Company Ltd vs Hareshwar Enterprises (P) Ltd. & Ors

Bench: 2 — A.S. Bopanna

In Brief

National Insurance Company, insuring a plastics factory against fire, disputed a claim following a fire in November 1999 that destroyed plant, machinery and stock-in-trade. The NCDRC awarded Rs.79,34,703 with 12% interest. The Supreme Court held: (1) the complaint was within limitation as the 'cause of action' continued through the claim process, not frozen at the fire date; (2) the surveyor's report was properly relied upon as comprehensive and timely, requiring no interference despite the insurer's belated investigation; and (3) interest was reduced to 9% per annum as appropriate. The appeal was allowed in part.

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Insurance Law Consumer Protection Fire Insurance Surveyor's Report Limitation Interest

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