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Supreme Court of India

National Insurance Co. Ltd. v. Harsolia Motors and Others

Neutral citation
Reported as [2023] 3 S.C.R. 448
Bench Ajay Rastogi and C. T. Ravikumar JJ.
Decided 13 April 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

Accordingly we are of the vie w that the complaint filed by the respondent insured herein has no close or direct nexus with the profit generating activity and the claim of insurance is to indemnify the loss which the respondent insured had suffered and the Commission has rightly held that the respondent is a “consumer” under Section 2(1)(d) of the Act, 1986.

Judgment, page 23

From the headnote

Consumer Protection Act, 1986 – s.2(1)(d) – Respond ent (commercial enterprise) had taken fire insurance po licy from the appellant insurance company – Respondent sufferred d amage due to fire – Appellant denied the claim of respondent – Respondent filed complaint before the State Commission for com pensation – State Commission held that respondent was not a “con sumer” as defined u/s. 2(1)(d) of the Consumer Protection Act, 1986, and the complaint was not maintainable – However, National Co mmission held that the respondent was a “consumer” and the complaint wa s maintainable – Issue before

Authorities it was built on

Where later benches applied it

Of those, 4 referred to · 2 mentioned · 1 explained

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