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

Last updated: 20 January 2023

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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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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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