DCW LTD Vs. UNITED INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') against the Order dtd. 14/2/2013 passed by the State Consumer Disputes Redressal Commission, Maharashtra (hereinafter to be referred as 'the State Commission'), in Consumer Complaint No.110 of 2010, wherein the Complaint filed by the Complainant (Appellant herein) was dismissed.

(2.) For the sake of Convenience, the parties in the present matter being referred to as mentioned in the Complaint before the State Commission. "DCW Ltd." is the Complainant, which is a manufacturing company involved in the production of caustic soda, synthetic rutile, PVC, etc. in Sahapuram, Tamil Nadu. "United India Assurance Co. Ltd." is referred to as the 'Opposite Parties' or Insurer in this matter.

(3.) The main issue in this case is the alleged deficiency in service by the Opposite Parties/Insurer. The Complainant's insurance claim was repudiated based on the insurer's contention that the damage to the insured Diesel Generator Sets (for short 'DG Sets') resulted from willful negligence on the part of the insured or any person acting on their behalf. The dispute revolves around the application of Clause 2(a) of the insurance policy, which excludes claims arising from 'willful acts or willful negligence by the insured or any person acting on their behalf'.