Supreme Court · 2005 INSC 295 · Decided 14 July 2005
Divisional Manager, United India Insurance CO.LTD. and ANR. v. Samir Chandra Chaudhary
- Court
- Supreme Court of India
- Citation
- 2005 INSC 295 · [2005] SUPP. 1 S.C.R. 613
- Case number
- CIVIL APPEAL No. 3663/2005
- Decided
- 14 July 2005
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Evidence Act; Consumer Protection Act
Headnote
Consumer Protection Act, 1986: Claim for damages of vehicle-Admission by complainant that accident C was caused on account of storm-Loss due to storm not covered by Insurance Policy-Later plea of complainant that theJactum of storm wrongly stated­ Certificate to the effect of non-existence of exhibited nor witness examined to prove it­ Claim al/owed by Courts below-On appeal, held: since the fact of accident due to storm was admitted by the complainant, the onus to_ prove to the D contrary was on him-Hence matter remitted to N~tional Commission for fresh adjudication-Evidence
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)