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of <h1>Insurance Claim Repudiation Unjustified: Appellant Awarded Compensation & Interest by NCDRC & SC</h1> <h3>M/s. ISNAR AQUA FARMS Versus UNITED INDIA INSURANCE CO. LTD.</h3> M/s. ISNAR AQUA FARMS Versus UNITED INDIA INSURANCE CO. LTD. - TMI Issues Involved:1. Validity of the repudiation of the insurance claim by the respondent insurance company.2. Method of quantification of the insurance amount payable to the appellant.3. Interest rate applicable on the amount due to the appellant.Summary of Judgment:1. Validity of the Repudiation of the Insurance Claim:The appellant, a registered partnership firm, undertook prawn cultivation and obtained insurance coverage from the respondent insurance company. Due to an outbreak of 'White Spot Disease', the appellant invoked the insurance policy. However, the insurance company repudiated the claim, citing improper maintenance and production of records. The NCDRC found the repudiation unjustifiable, noting that insurance coverage was provided after thorough inspection and satisfaction by senior officers of the insurance company. The NCDRC awarded the appellant a sum of Rs. 17,64,097/- with interest at 9% per annum.2. Method of Quantification of the Insurance Amount:The insurance policy provided three methods for computing the admissible loss:- Input Cost Method: 80% of the value of inputs on the date of the loss.- Unit Cost Method: Actual survival number multiplied by the unit cost of Rs. 150 per kilogram.- Fortnightly Valuation Method: Maximum claim admissible scales up through the fortnights proportionately.The NCDRC initially calculated the loss based on the survey report but accepted only parts of it, leading to an award of Rs. 30,69,486.80. The appellant disputed this amount, presenting higher figures based on the three methods. The Supreme Court found the appellant's computations accurate, determining the lowest admissible loss as Rs. 75,87,750/-. Since the insurance company had already paid Rs. 30,69,486.80, the appellant was entitled to the balance amount of Rs. 45,18,263.20.3. Interest Rate Applicable:The appellant claimed higher interest rates, but the Supreme Court upheld the NCDRC's decision of 10% simple interest, finding it just and equitable based on historical bank deposit rates.Final Order:The respondent insurance company is directed to remit the balance amount of Rs. 45,18,263.20 to the appellant, with simple interest at 10% from the date of the complaint until realization, within six weeks. The appeal is disposed of with parties bearing their own costs.
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