Indemnity Archives

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC directs Oriental Insurance Co. to indemnify NALCO in the matter of damage to Turbo Generator-4 due to fire in its Exciter

“This was not an internal spark but it was a heavy vibration that the roter and the other components rubbed causing the spark of fire at the exciter end that propagated towards the generator. The exclusion clause therefore would not apply”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Indemnity obligation on guarantee is not operational debt’; NCLT dismisses CIRP petition due to limitation and Lack of Privity

The NCLT stated that the petitioner neither had a direct contractual relationship with the respondent, nor was the respondent provided with any goods/services, thereby disqualifying them as an operational creditor.

Experts Corner Vasanth Rajasekaran

Construction Arbitration: Navigating Risks, Resolving Disputes, and Securing Damages

by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 13

Case Briefs Supreme Court

Indian Dhows sinking & hijacking by Somali Pirates| Delay in repudiating insurance claim cannot be the only factor to presume deficiency in service: SC

Supreme Court: In an interesting case regarding insurance claim, the Division Bench comprising Hemant Gupta and V. Ramasubramanian*, JJ., reversed the NCDRC’s

Case Briefs Supreme Court

Double Insurance–Overlapping policies: Grant of actual loss from one insurer will forfeit right to claim from other insurer; SC rejects Levi’s’ insurance claim

Supreme Court: In a case relating to double insurance, the 3-Judge Bench comprising of Uday Umesh Lalit, S. Ravindra Bhat* and Pamidighantam

Case Briefs High Courts

J&K and Ladakh HC | Teenager dies due to electrocution; HC grants 3 lakhs compensation holding State strictly liable for negligence in maintaining transmission lines

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., applied the principle of strict liability to grant compensation to the petitioners

Case Briefs Foreign Courts

Canada SC | Companies are responsible for the cost of complying with environmental orders, not the government

Supreme Court of Canada: A Full Bench of Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe and Martin, JJ. allowed the present appeal. In