Supreme Court Holds Insurance Company Liable for Deficiency in Service in Landmark Consumer Dispute Case
August 8, 2023 – In a significant ruling today, the Supreme Court of India, comprising Justices A.S. Bopanna and Dipankar Datta, held an insurance company liable for deficiency in service in a landmark consumer dispute case. The case revolved around the denial of an insurance claim by the insurance company for damages resulting from an ammonia gas leakage incident. The court’s decision sheds light on the crucial role of technical evidence and the proper evaluation of expert opinions in insurance claim disputes.
The court’s decision, while addressing the complexities of the case, highlighted the importance of evaluating surveyor and expert reports meticulously. The judgment referenced several past decisions of the court, emphasizing the necessity of a comprehensive approach to technical evidence in such cases.
Justice A.S. Bopanna, delivering the judgment, stated, “Absence of consideration of relevant factors is, therefore, writ large on the Surveyor’s Report. The reports of the Loss Assessor and the Experts dwelled on general aspects of scientific observations… all relevant factors were not considered in the proper perspective by the Surveyor, yet, such Surveyor’s Report was relied on by the Respondent to defeat the claim of the Appellant.”
The court found serious deficiencies in the surveyor’s report, noting the lack of scientific investigation. Furthermore, it criticized the National Consumer Disputes Redressal Commission (NCDRC) for not giving due credence to the expert reports presented by the appellant. The judgment highlighted the flaws in the NCDRC’s approach, indicating that the commission should have either accepted or rejected the reports in full, instead of cherry-picking elements that supported its conclusions.
Supreme Court held that the repudiation of the insurance claim by the respondent insurance company amounted to deficiency in service. The court ordered the insurance company to provide a lump-sum settlement of Rs. 2,25,00,000 to the appellant. The settlement must be released within two months; otherwise, it will accrue interest at a rate of 10% per annum.
The verdict comes as a significant precedent in consumer disputes related to insurance claims, reaffirming the importance of thorough evaluation of technical evidence and expert opinions. The ruling is expected to influence future cases involving insurance claims and their adjudication.
Date of Decision: 8th August, 2023
S.S. Cold Storage India Pvt. Ltd. vs National Insurance Company Limited
