LAWS(NCD)-2023-11-73

SAHARA HOSPITALITY LTD. Vs. NATIONAL INSURANCE COMPANY .LTD

Decided On November 10, 2023
Sahara Hospitality Ltd. Appellant
V/S
National Insurance Company .Ltd Respondents

JUDGEMENT

(1.) This complaint was heard on 16/10/2023 and again on 26/10/2023 when inal arguments proceeded and the judgment was reserved on 3/11/2023 when the Ld. Counsel for the parties finally concluded their arguments supported by their Written Submissions and the Judgments relied upon by them. However, in order to reduce the narration of facts in this judgment, the same which came to be recorded on two previous occasions are extracted hereinunder. The Order dtd. 16/10/2023 records the initial submissions of the Learned Counsel for the parties which are as follows--

(2.) To clarify the legal submissions that were advanced on the facts of the present case, the matter was again heard on 26/10/2023 when the following order was passed--

(3.) With the aforesaid progress of the case, Mr. Yogesh Malhotra concluded his arguments by contending that the Insurance Clauses in a Contract of Insurance must be given the utmost importance and it is not open to an adjudicatory Forum to either add or delete the substitute words of Contract. The judgments relied upon by him are--