Supreme Court of India
The New India Assurance Co. Ltd. v. Sri Buchiyyamma Rice Mill & Anr.
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What the Court ordered
For the above reasons, we allow the appeal and set aside the impugned judgment of the NCDRC dated 4 February 2019.
Judgment, page 13
From the headnote
Insurance: Insurance claim – Case of the insured was that while the r ice mill (insured property) was in operation, a lorry coll ided with the boiler unit which resulted in collapse of the boile r unit causing damage estimated at Rs. 76 lakhs – Preliminary surv ey was conducted within a week which suggested appointment of structural expert – Thereafter Structural Expert was appointed who in his report opined that the accident was as a result of exceedi ng the load carrying capacity and due to breach in storage capa city of the system and not due to the reason as stated by the i nsured –
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