Case Analysis: Shivram Chandra Jagarnath Cold Storage & Anr Vs. New India Assurance Company Limited & Ors

Last updated: 20 January 2023
Quick Summary
The Supreme Court has ruled on a case concerning spoiled potatoes stored in a cold storage facility. The appellants claimed damages from their insurer after potatoes sprouted, but the court found the insurer was not liable. This decision was based on the insurance policy's exceptions, which stated the insurer would not cover damage if the refrigeration temperature did not exceed 4.4 degrees Celsius. The court noted inconsistencies in the appellants' statements regarding temperature maintenance and found that the evidence supported the claim that the temperature remained within the policy's acceptable limits.

Court :
Supreme Court of India

Brief :
The present case falls Clause (vi) of Exceptions mentioned in the insurance policy i.e."(vi) Any damage if the temperature in the Refrigeration chambers does not exceed 4.4degree Celsius." Since the Report of the Surveyor shown discrepancies in the maintenance of Logbook and the statement of the representatives at different dates are different. The insurance company was right in repudiating the claim.

Citation :
CIVIL APPEAL NO 2371 OF 2019

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