This content is restricted to site members. If you are an existing user, please log in. New users may register below.
HELD – The value of the timber loaded in the truck SCDRC to examine this issue afresh without being influenced by its earlier order, including the order passed by the NCDRC. The appellants and the respondent would be permitted to file additional documents regarding delivery to the consignee and the valuation of the consignment, including the documents filed by the Bank before us. The parties would be asked to lead evidence through affidavits.
Bysclaw
Feb 6, 2022By sclaw
Related Post
Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.
May 12, 2024
sclaw
“Reinstatement Value Clause Upheld: Supreme Court Decides Fire Insurance Dispute, Dismisses Insured’s Claim for Higher Compensation” Insurance Act, 1938 – Section 64 UM(2) – Insurance Policy – Dispute regarding an insurance claim settlement after a fire incident – The primary issues revolve around the applicability of the Reinstatement Value Clause in the insurance policy, the correct method of calculating depreciation, and the settlement amount – Appellant contends that the claim was settled correctly by applying a 60% depreciation rate and challenges the NCDRC’s order which partly allowed the insured’s complaint – Respondent argues for a higher compensation, claiming that the base figure for depreciation calculation should have been higher and that the depreciation rate should be 32%. – The Supreme Court allowed Appellant’s appeal, set aside the NCDRC’s order, and upheld the depreciation rate at 60%, concluding that the claim was rightly settled at Rs.7.88 crores – The Court found that the Reinstatement Value Clause was part of the policy and that the insured was unable or unwilling to reinstate the property, thus justifying the depreciation basis for settlement – The Court rejected the application of the Oswal Plastic Industries judgment to this case and found no breach of IRDA Regulations – The Supreme Court concluded that appellant’s settlement of the claim was justified, and the appeals filed by the insured were dismissed – The original complaint before the NCDRC was also dismissed.
May 5, 2024
sclaw
”Eggshell Skull Rule Applied: Supreme Court Holds Hospital Liable for Post-Surgery Complications” Consumer Law – Medical Negligence – Appellant-Jyoti Devi underwent an appendectomy at Suket Hospital, but suffered continuous pain post-surgery – A needle was later found in her abdomen, leading to another surgery for its removal – The case revolves around medical negligence, deficient post-operative care by the hospital, and the determination of just compensation for the claimant-appellant – The claimant-appellant sought enhancement of compensation for the pain, suffering, and financial expenses incurred due to medical negligence – The respondents argued against the presence of the needle being related to the initial surgery and contested the amount of compensation – The Supreme Court restored the District Forum’s award of Rs.5 lakhs compensation, with 9% interest, and Rs.50,000 for litigation costs – The Court applied the ‘eggshell skull’ rule, holding the hospital liable for all consequences of their negligent act, regardless of the claimant’s pre-existing conditions – The Court emphasized the benevolent nature of the Consumer Protection Act and the need for just compensation that is adequate, fair, and equitable – The Supreme Court allowed the appeal, setting aside the lower commissions’ awards and reinstating the District Forum’s decision for just compensation.
Apr 28, 2024
sclaw