Supreme Court · 2009 INSC 849 · Decided 29 May 2009
Sikka Papers LTD. v. National Insurance CO. LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 849 · [2009] 9 S.C.R. 1088
- Case number
- CIVIL APPEAL No. 6527/2002
- Decided
- 29 May 2009
- Bench
- D.K. JAIN, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Consumer Protection Act
Headnote
Consumer Protection Act, 1986 c Compensation - Machinery Insurance Policy - Reimbursement on breaking down of. machinery - On surveyor's report some parts advised to be replaced - Many , other parts also got replaced - Held: The parts which had suffered due to wear and tear, although replaced, reimbursement under the terms of policy - In case of under - insurance, the insurer is entitled to pay . only in such proportion as the sum insured bears to the amount insured - The pro-rata formula and the amount deducted from the sum payable on account of under­ insurance ·cannot
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