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National Insurance Co. Ltd. vs. Hindustan Safety .pdf

Original filename: National Insurance Co. Ltd. vs. Hindustan Safety.pdf
Author: Navneet

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Brief Facts of the CaseThe respondent Hindustan Safety Glass Works Ltd. had taken out two policies
with the appellant National Insurance Company. On 6th August, 1992 there was
heavy incessant rain in Calcutta resulting in heavy accumulation of rain water
inside and around the factory/works of the respondent. According to the
respondent, there was considerable damage to raw materials, stocks and goods,
furniture etc. As a result of the damage suffered by the insured and in terms of
the two policies taken out with National Insurance, claims were filed by the
insured on 7th and 8th August, 1992 claiming a total amount of about Rs. 52
lakhs. Among the various issues alleged by National Insurance Company one
main issue was that the Complaint filed before the National Commission was
barred by limitation as it was filed on 13.08.1996 while the loss/damage to the
respondent properties had taken place in August, 1992. The National Commission
by its judgment and order held in favour of respondent. Against the said order of
National Commission this appeal lies to the Supreme Court.

Legal Issue–
Whether the Complaint filed by the respondent before the National Commission
was barred by the provision of Sec.24A of the Consumer Protection Act, 1986?
HeldThe Supreme Court observed that on the date of the incident the respondent goods
were insured. On the very next day, the respondent lodged a claim with National
Insurance. In response, National Insurance first appointed a surveyor to assess the
loss suffered by the respondent and a report was given by this surveyor after more
than one year. Thereafter, for reasons that are not at all clear, National Insurance
appointed a second surveyor which also took about one year to submit its report
and eventually gave an addendum to that report thereby crossing one year in
completion of its report along with the addendum. In other words, National
Insurance itself took more than two years in surveying or causing a survey of the
loss or damage suffered by the insured. Surely, this entire delay is attributable to
National Insurance and cannot prejudice the claim of the respondent, more
particularly when the respondent had lodged a claim well within time.
The Supreme Court while resolving the issue raised before it held that in a dispute
concerning a consumer, it is necessary for the courts to take a pragmatic view of
the rights of the consumer principally since it is the consumer who is placed at a
disadvantage vis-à-vis the supplier of services or goods. It is to overcome this
disadvantage that a beneficent legislation in the form of the Consumer Protection
Act, 1986 was enacted by Parliament. The provision of limitation in the Act
cannot be strictly construed to disadvantage a consumer in a case where a supplier
of goods or services itself is instrumental in causing a delay in the settlement of
the consumer’s claim.
The Supreme Court held that the National Commission was quite right in
rejecting the contention of National Insurance in this regard.

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