VidhiSangh

Supreme Court of India · 30/04/2024

NEW INDIA ASSURANCE COMPANY LTD. THROUGH ITS MANAGER versus M/S TATA STEEL LTD.

[2024] 5 S.C.R. 285 · 2024 INSC 356

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Summary

The insurer validly settled a fire-damaged rolling-mill claim on depreciated value after the insured failed to establish contractual reinstatement or supply essential supporting documents. The reinstatement memorandum formed part of the policy but became ineffective on the facts. The Court upheld 60% depreciation on the retained Rs.20.09 crore base and the Rs.7.88 crore settlement, allowing the insurer’s appeal, dismissing the insured’s appeals and the consumer complaint.

Issues

  1. Whether the reinstatement memorandum formed part of the policy and remained operative.
  2. Whether settlement on depreciated value with 60% depreciation was justified.
  3. Whether the insured could seek a higher base or full reinstatement value through new appellate arguments.
  4. Whether reassessment violated Regulation 9(3) or attracted contra proferentem.

Provisions considered

Held

Result

Insurer’s appeal allowed; NCDRC order set aside and Rs.7.88 crore settlement upheld. Insured’s appeals and original complaint dismissed; no costs.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 285.