“Supreme Court of India Rules on Fire Insurance Dispute: Karnavati Veneers Pvt. Ltd vs New India Assurance Company Limited. The appellant company, engaged in veneer manufacturing, had a fire and special perils insurance policy with the respondent. After a factory fire, the appellant submitted a claim but it was denied by the respondent due to lack of required documents. The National Consumer Disputes Redressal Commission upheld the repudiation decision.”

The Supreme Court of India set aside the judgment of the NCDRC stating the law as follows:

“Whatever the material documents available with the insured
were indisputedly made available to the Surveyor who has made its
own physical inspection in reference to the loss which took place
due to fire on 20th October, 2006 and submitted its report on 1st
June, 2007. Once that assessment has been made regarding the
loss/damage which took place due to fire dated 20th October, 2006
and that was not disputed by the respondent Company, repudiating
the claim invoking clause 6(b) of the policy, in our considered view,
was unfair and is not legally sustainable.”

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.