w w w . L a w y e r S e r v i c e s . i n



National Insurance Co Ltd, Fort, Mumbai v/s M/s. Patel Engineering Ltd.


Company & Directors' Information:- PATEL ENGINEERING LIMITED [Active] CIN = L99999MH1949PLC007039

Company & Directors' Information:- NATIONAL INSURANCE COMPANY LIMITED [Active] CIN = U10200WB1906GOI001713

Company & Directors' Information:- G PATEL & CO PVT LTD [Active] CIN = U24121WB1951PTC019909

Company & Directors' Information:- M & B ENGINEERING LIMITED [Active] CIN = U45200GJ1981PLC004437

Company & Directors' Information:- G. R. ENGINEERING PRIVATE LIMITED [Active] CIN = U65990MH1990PTC058602

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = L28900MH2006PLC159174

Company & Directors' Information:- V U B ENGINEERING PRIVATE LIMITED [Active] CIN = U29290MH2005PTC154033

Company & Directors' Information:- N S ENGINEERING COMPANY PVT LTD [Active] CIN = U29219TG1989PTC010511

Company & Directors' Information:- S S S ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27205KA1981PTC004194

Company & Directors' Information:- H M G ENGINEERING LIMITED [Active] CIN = U45200MH1977PLC019533

Company & Directors' Information:- K R R ENGINEERING PRIVATE LIMITED [Active] CIN = U29309TN1989PTC016852

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = U28900MH2006PLC159174

Company & Directors' Information:- D B ENGINEERING PRIVATE LTD [Active] CIN = U74899DL1986PTC026541

Company & Directors' Information:- G G ENGINEERING PRIVATE LIMITED [Active] CIN = U28900MH2006PTC159174

Company & Directors' Information:- PATEL CORPORATION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70100MH1989PTC050515

Company & Directors' Information:- J P ENGINEERING CORPN PVT LTD [Active] CIN = U34103WB1951PTC019638

Company & Directors' Information:- S N B ENGINEERING PRIVATE LIMITED [Active] CIN = U27106DL2007PTC301213

Company & Directors' Information:- T P W ENGINEERING LTD [Active] CIN = U27203WB1975PLC029939

Company & Directors' Information:- C L ENGINEERING PRIVATE LIMITED [Active] CIN = U34300PB1992PTC012057

Company & Directors' Information:- W & W ENGINEERING PRIVATE LIMITED [Active] CIN = U72900TN2003PTC051228

Company & Directors' Information:- M L R ENGINEERING PRIVATE LIMITED [Active] CIN = U74999TG2006PTC051974

Company & Directors' Information:- K B ENGINEERING CO PVT LTD [Active] CIN = U74160TG1988PTC008366

Company & Directors' Information:- R P ENGINEERING PVT LTD [Active] CIN = U29299WB1992PTC055482

Company & Directors' Information:- J & K ENGINEERING LIMITED [Active] CIN = U45203JK2006PLC002684

Company & Directors' Information:- S P T ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U27109UP2005PTC030940

Company & Directors' Information:- A R F ENGINEERING LIMITED [Active] CIN = U27200TN1980PLC008347

Company & Directors' Information:- A M ENGINEERING PRIVATE LIMITED [Amalgamated] CIN = U65910MH1981PTC187856

Company & Directors' Information:- S. S. E. ENGINEERING PRIVATE LIMITED [Active] CIN = U36990MH2007PTC175320

Company & Directors' Information:- C T ENGINEERING LIMITED [Strike Off] CIN = U29259GJ1986PLC009007

Company & Directors' Information:- R AND S ENGINEERING INDIA PVT LTD [Active] CIN = U29199GJ1995PTC027661

Company & Directors' Information:- U AND R ENGINEERING PRIVATE LIMITED [Active] CIN = U29199TZ1999PTC009012

Company & Directors' Information:- I Q ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U85110KA1996PTC021507

Company & Directors' Information:- G M ENGINEERING PRIVATE LIMITED [Active] CIN = U28910GJ2013PTC077091

Company & Directors' Information:- W. E. ENGINEERING PVT. LTD. [Active] CIN = U52335WB1985PTC039370

Company & Directors' Information:- L. B. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2018PTC225084

Company & Directors' Information:- R I ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74210KA1991PTC012420

Company & Directors' Information:- U D ENGINEERING PRIVATE LIMITED [Active] CIN = U32109DL1999PTC102586

Company & Directors' Information:- K M T S ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL2005PTC141240

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U00350PB2006PLC029521

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U29110PB2006PLC029521

Company & Directors' Information:- D ENGINEERING PRIVATE LIMITED [Active] CIN = U29269TZ1932PTC000046

Company & Directors' Information:- V K B ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141483

Company & Directors' Information:- INDIA ENGINEERING PRIVATE LIMITED [Active] CIN = U72200PN1999PTC014259

Company & Directors' Information:- C N C ENGINEERING LIMITED [Strike Off] CIN = U93000KA1986PLC007922

Company & Directors' Information:- M K V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199TZ1997PTC007736

Company & Directors' Information:- J. J. PATEL & CO. PRIVATE LIMITED [Active] CIN = U29222GJ2013PTC073851

Company & Directors' Information:- NATIONAL CO LTD [Strike Off] CIN = U51909WB1917PLC002781

Company & Directors' Information:- G V T ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U29219DL1996PTC082427

Company & Directors' Information:- K. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2009PTC133109

Company & Directors' Information:- G M E P ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL1998PTC096737

Company & Directors' Information:- J T ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018756

Company & Directors' Information:- M C ENGINEERING CO PVT LTD [Active] CIN = U74899DL1972PTC006392

Company & Directors' Information:- PATEL INDIA PRIVATE LIMITED [Active] CIN = U29299MH1946PTC005012

Company & Directors' Information:- C P ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U27209TN1987PTC014052

Company & Directors' Information:- J B L ENGINEERING PRIVATE LIMITED [Active] CIN = U28112MP2008PTC021459

Company & Directors' Information:- H V S ENGINEERING PRIVATE LIMITED [Active] CIN = U28920MH2005PTC158342

Company & Directors' Information:- S C ENGINEERING CO PVT LTD [Active] CIN = U74210WB1982PTC035623

Company & Directors' Information:- U M ENGINEERING PRIVATE LIMITED [Active] CIN = U29200MH1977PTC019574

Company & Directors' Information:- A V K ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071971

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- G D ENGINEERING COMPANY (INDIA) PVT LTD [Active] CIN = U74210WB1993PTC058553

Company & Directors' Information:- V M R ENGINEERING PRIVATE LIMITED [Active] CIN = U29120DL2005PTC136764

Company & Directors' Information:- K. S. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U36999HR2007PTC036660

Company & Directors' Information:- N S S ENGINEERING PRIVATE LIMITED [Active] CIN = U28999KA1989PTC010312

Company & Directors' Information:- A P V ENGINEERING CO LTD [Strike Off] CIN = U29113WB1945PLC006428

Company & Directors' Information:- G B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29212PB1996PTC017500

Company & Directors' Information:- U D PATEL AND COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1956PTC009800

Company & Directors' Information:- C M S ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U74210TN2010PTC075302

Company & Directors' Information:- J K B ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U31300TN1996PTC036482

Company & Directors' Information:- T S C ENGINEERING PRIVATE LIMITED [Active] CIN = U70109DL2011PTC217251

Company & Directors' Information:- H T S ENGINEERING PRIVATE LIMITED [Active] CIN = U74999MH2008PTC187914

Company & Directors' Information:- T P ENGINEERING PRIVATE LIMITED [Active] CIN = U45201OR2010PTC011517

Company & Directors' Information:- S B ENGINEERING PVT LTD [Active] CIN = U29199GJ1982PTC005292

Company & Directors' Information:- J J ENGINEERING PVT LTD [Active] CIN = U29219WB1986PTC041433

Company & Directors' Information:- K. PATEL & CO. PRIVATE LIMITED [Active] CIN = U45200MH1973PTC017100

Company & Directors' Information:- N M PATEL ENGINEERING PRIVATE LIMITED [Active] CIN = U28999GJ1990PTC013533

Company & Directors' Information:- D & L ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U29113TN2004PTC052690

Company & Directors' Information:- H R P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31503MH1997PTC108621

Company & Directors' Information:- S H ENGINEERING PRIVATE LIMITED [Active] CIN = U70101WB1999PTC088930

Company & Directors' Information:- V K S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28133TN2005PTC057283

Company & Directors' Information:- M K ENGINEERING PVT LTD [Active] CIN = U29199GJ1995PTC027278

Company & Directors' Information:- K J ENGINEERING PRIVATE LIMITED [Active] CIN = U29299PN2006PTC129171

Company & Directors' Information:- C S S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45302TN2003PTC051161

Company & Directors' Information:- N. P. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31100WB2010PTC150609

Company & Directors' Information:- S R K ENGINEERING CO PVT LTD [Active] CIN = U67120WB1994PTC063442

Company & Directors' Information:- M P T ENGINEERING PVT LTD [Strike Off] CIN = U29299KL1994PTC007761

Company & Directors' Information:- T S R C ENGINEERING PRIVATE LIMITED [Active] CIN = U29100UP2020PTC133920

Company & Directors' Information:- A K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U50300UP1981PTC005354

Company & Directors' Information:- H M T D ENGINEERING PVT LTD [Active] CIN = U99999MH1981PTC035175

Company & Directors' Information:- PATEL INDIA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U70101TN1995PTC032080

Company & Directors' Information:- V D PATEL ENGINEERING CO PRIVATE LIMITED [Active] CIN = U29100MH2008PTC184350

Company & Directors' Information:- J P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28129MH1972PTC015813

Company & Directors' Information:- V M ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1969PTC014224

Company & Directors' Information:- H M A ENGINEERING LIMITED [Strike Off] CIN = U45209PB2008PLC031777

Company & Directors' Information:- P T S ENGINEERING INDIA PRIVATE LIMITED [Active] CIN = U74210TZ2011PTC016944

Company & Directors' Information:- K S M ENGINEERING PRIVATE LIMITED [Active] CIN = U74210TG1997PTC028612

Company & Directors' Information:- M M ENGINEERING COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U28932MH1979PTC021819

Company & Directors' Information:- N G T ENGINEERING PVT LTD [Active] CIN = U27109WB1968PTC027292

Company & Directors' Information:- M A S ENGINEERING PRIVATE LIMITED [Active] CIN = U99999MH1976PTC019233

Company & Directors' Information:- G R K ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74200AP2011PTC076356

Company & Directors' Information:- P N S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TN2006PTC060120

Company & Directors' Information:- K P ENGINEERING CORPORATION PVT LTD [Strike Off] CIN = U74200WB1961PTC025258

Company & Directors' Information:- M A N INDIA ENGINEERING LTD [Strike Off] CIN = U74200WB1979PLC020893

Company & Directors' Information:- R V K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253TN2010PTC074505

Company & Directors' Information:- R K ENGINEERING COMPANY PVT LTD [Active] CIN = U74899DL1975PTC007743

Company & Directors' Information:- G S A ENGINEERING CORPN PVT LTD [Strike Off] CIN = U74210WB1957PTC023382

Company & Directors' Information:- A J PATEL PRIVATE LIMITED [Active] CIN = U28100MH1942PTC003708

Company & Directors' Information:- A R M ENGINEERING PRIVATE LIMITED. [Strike Off] CIN = U00500JH1988PTC003057

Company & Directors' Information:- L & V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45202MZ2005PTC007690

Company & Directors' Information:- S G A ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29200MH2005PTC154349

Company & Directors' Information:- C PATEL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U51500MH1973PTC016751

Company & Directors' Information:- C P C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TZ1986PTC001880

Company & Directors' Information:- P K R ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U29130TZ2004PTC011094

Company & Directors' Information:- M N B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U70101TN2005PTC057442

Company & Directors' Information:- R R K ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC161080

Company & Directors' Information:- D M S ENGINEERING CO PVT LTD [Strike Off] CIN = U28920WB1964PTC026168

Company & Directors' Information:- S D S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28999PN2000PTC014838

Company & Directors' Information:- G B L ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29130RJ1998PTC015182

Company & Directors' Information:- N T ENGINEERING COMPANY PVT LTD [Strike Off] CIN = U99999PY1986PTC000445

Company & Directors' Information:- PATEL CORPN PVT LTD [Strike Off] CIN = U51900MH1949PTC007835

Company & Directors' Information:- R K ENGINEERING PRIVATE LIMITED [Active] CIN = U31100MH2005PTC152838

Company & Directors' Information:- V J S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29130TN1996PTC036636

Company & Directors' Information:- R. K. V. ENGINEERING PRIVATE LIMITED [Active] CIN = U29253MH2010PTC205237

Company & Directors' Information:- U S ENGINEERING PVT LTD [Active] CIN = U34300CH1986PTC006887

Company & Directors' Information:- A D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210OR1989PTC002348

Company & Directors' Information:- R J ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U27107RJ1972PTC001441

Company & Directors' Information:- H F ENGINEERING PRIVATE LIMITED [Active] CIN = U29244KL2013PTC033909

Company & Directors' Information:- O N ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031987

Company & Directors' Information:- NATIONAL CORPORATION PVT LTD [Not available for efiling] CIN = U51909PB1942PTC000480

Company & Directors' Information:- P S R ENGINEERING PVT LTD [Strike Off] CIN = U40200WB1987PTC042244

Company & Directors' Information:- P N ENGINEERING CO PVT LTD [Strike Off] CIN = U74210WB1980PTC032750

Company & Directors' Information:- A M A R ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219DL1997PTC084187

Company & Directors' Information:- S G D ENGINEERING PRIVATE LIMITED [Active] CIN = U29210KA2009PTC050452

Company & Directors' Information:- G A S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29191MH2004PTC149606

Company & Directors' Information:- G T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219PN2012PTC145781

Company & Directors' Information:- M. M. K. ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U29305MH2014PTC252830

Company & Directors' Information:- K-4 ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31400MH2010PTC204004

Company & Directors' Information:- N J ENGINEERING PRIVATE LIMITED [Active] CIN = U45209MH2015PTC262607

Company & Directors' Information:- P R S ENGINEERING PRIVATE LIMITED [Active] CIN = U29253TN2009PTC073915

Company & Directors' Information:- U P S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U40300TN2013PTC090167

Company & Directors' Information:- K G D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400WB2014PTC200732

Company & Directors' Information:- T A ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28992CH2003PTC025800

Company & Directors' Information:- M N A ENGINEERING PVT LTD [Strike Off] CIN = U45202CH2006PTC030215

Company & Directors' Information:- A A P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U27106DL2005PTC138318

Company & Directors' Information:- A C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2011PTC222515

Company & Directors' Information:- S. Z. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2014PTC274095

Company & Directors' Information:- IN ENGINEERING PRIVATE LIMITED [Active] CIN = U74210DL2011PTC212284

Company & Directors' Information:- J N ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC278906

Company & Directors' Information:- N I ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC280734

Company & Directors' Information:- A N D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51502DL2012PTC242516

Company & Directors' Information:- R R V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC089342

Company & Directors' Information:- Z. M. ENGINEERING PRIVATE LIMITED [Active] CIN = U51909DL2007PTC168270

Company & Directors' Information:- K Y ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC248278

Company & Directors' Information:- R AND T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC136846

Company & Directors' Information:- THE ENGINEERING CORPORATION PRIVATE LIMITED [Strike Off] CIN = U99999KA1951PTC000699

Company & Directors' Information:- S J P ENGINEERING CO. PRIVATE LIMITED [Strike Off] CIN = U51505KA2002PTC030808

Company & Directors' Information:- S I ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27109UP1967PTC003182

Company & Directors' Information:- W D ENGINEERING PRIVATE LIMITED [Active] CIN = U29308MH2020PTC345065

Company & Directors' Information:- S D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U18101DL1999PTC102948

Company & Directors' Information:- NATIONAL INDIA ENGINEERING PVT LTD [Strike Off] CIN = U27100MH1946PTC004895

Company & Directors' Information:- M B D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210DL2008PTC181446

Company & Directors' Information:- PATEL LIMITED [Dissolved] CIN = U99999MH1919PTC000657

Company & Directors' Information:- THE NATIONAL ENGINEERING COMPANY (INDIA) LIMITED [Dissolved] CIN = U99999MH1935PTC002259

Company & Directors' Information:- A. B. C. ENGINEERING CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1950PLC008192

Company & Directors' Information:- NATIONAL CORPORATION PRIVATE LIMITED [Not available for efiling] CIN = U99999MH1950PLC009913

Company & Directors' Information:-  ENGINEERING COMPANY ( [Not Available for eFiling] CIN = U99999MH1951PLC010002

Company & Directors' Information:- PATEL AND COMPANY LIMITED [Dissolved] CIN = U99999MH1979PLC010769

Company & Directors' Information:- F M P ENGINEERING PVT LTD [Strike Off] CIN = U29259GJ1965PTC001337

    First Appeal No. 589 of 2012

    Decided On, 25 November 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. DINESH SINGH
    By, PRESIDING MEMBER

    For the Appearing Parties: Kishore Rawat, Abhishek Mishra, Advocates.



Judgment Text

Taken up through video conferencing.1. This Appeal has been filed under Section 19 of The Consumer Protection Act, 1986, hereinafter referred to as the 'Act', challenging the Order dated 11.06.2012 in C. C. No. 148 of 2009 passed by The State Consumer Disputes Redressal Commission, Maharashtra, hereinafter referred to as the 'State Commission'.The Appellant herein, National Insurance Company Limited, was the Opposite Party before the State Commission, and is hereinafter being referred to as the 'Insurance Co.'.The Respondent herein, M/s Patel Engineering Ltd., was the Complainant before the State Commission, and is hereinafter being referred to as the 'Complainant Co.'.2. Heard arguments of learned Counsel for both sides and perused the material on record including inter alia the impugned Order dated 11.06.2012 of the State Commission and the Memorandum of Appeal.3. Admitted facts are that a Marine Cargo Open Policy (Declaration) was taken by the Complainant Co. The premium was paid. The policy was valid. The insured machinery (rock drilling equipment) was shipped by sea, then, during surface transportation to the project site, the trailer carrying the machine met with an accident. An F.I.R. was lodged. The Insurance Co. was intimated. Survey was conducted. The Complainant Co. claimed 'total loss'. The Insurance Co. settled on 'non standard' basis. Discharge Voucher and Letter of Subrogation were signed by the Complainant Co. The claim settlement amount was received by the Complainant Co. Thereafter the Complainant Co. contended that it was constrained to sign the Discharge Voucher 'under duress', and it claimed the balance amount. The Insurance Co. did not agree. The Complainant Co. filed a Complaint before the State Commission. The State Commission vide its impugned Order dated 11.06.2012 directed the Insurance Co. to pay the balance amount with interest and cost of litigation (para 12 of the State Commission's Order refers). The Insurance Co. appealed before this Commission.4. During the course of adjudication before this Commission, Order dated 04.04.2019 was passed. The said Order reads as below:Heard the learned counsel for the parties. It has been stated by the respondent that vide order dated 04.10.2012 of this Commission, notice was issued only in respect of interest as would be clear from the following portion of the order:-"Prima facie, on merits, we agree with the view taken by the State commission but the interest awarded @15% seems to be on higher side. Notice returnable for 6th February 2013.Subject to depositing the awarded amount of Rs.71,28,463/- before this Commission within 6 weeks, operation of the impugned order is stayed.Appellant is directed to pay a sum of Rs.10,000/- to the respondent to meet the litigation and other allied expenses, which shall be de hors the result of the appeal."On the other hand learned counsel for the appellant states that this was prima facie feeling of this Commission but there was no final order by this Commission. Therefore, all the issues are open for arguments as raised in the appeal. He further states that vide order dated 14.05.2013, this Commission had agreed to take up the issue raised by the learned counsel for the appellant in respect of the discharge voucher. It was stated that the discharge voucher has been signed by the complainant and that is why full and final discharge of insurance claim has been claimed by the appellant. Therefore, no claim can be filed after signing the discharge voucher.I have carefully considered these orders of this Commission and have also considered arguments of the learned counsel for both the parties. From the order dated 04.10.2012, it is clearly brought out that this Commission prima facie is, in agreement with the State Commission except interest granted @ 15% p.a.. The notice has been ordered to be issued after observing this fact. In my view, the notice was issued only on the point of interest granted @15% p.a. Further on 14.05.2013, this Commission has agreed to take up the issue of discharge voucher as raised by the learned counsel for the appellant. Therefore, in my view, only two issues, one interest and other discharge voucher will be taken up by this Commission. Accordingly matter be listed on 11.02.2020.5. During arguments on 15.10.2020, Mr. Kishore Rawat, Advocate, learned Counsel for the Insurance Co. and Mr. Abhishek Mishra, Advocate, learned Counsel for the Complainant Co. submitted that the Insurance Co. agitated the said Order dated 04.04.2019 before Hon'ble Supreme Court, and the Hon'ble Court was pleased to dismiss its SLP. As things obtain on date, the matter has to be adjudicated only in respect of the two issues firmed-up in the Order dated 04.04.2019.To recapitulate, the said two issues are:" - - - only two issues, one interest and other discharge voucher will be taken up by this Commission. - - -"6. Mr. Kishore Rawat, learned Counsel for the Insurance Co. argued that the Complainant Co. had unconditionally and voluntarily signed the Discharge Voucher, the same was not under protest or with objection or in any way 'under duress', it can not subsequently raise a contention of having signed the Discharge Voucher 'under duress', the rate of interest of 15% per annum is arbitrarily high, and also that the State Commission has made a clerical mistake in computing the balance amount.7. Mr. Abhishek Mishra, learned Counsel for the Complainant Co. argued that it was constrained to sign the Discharge Voucher 'under duress', the rate of interest is just and equitable, and also that there is no clerical error in computing the balance amount by the State Commission.8. The first question for consideration is the significance and consequence of Discharge Voucher; and whether or not, in the present case, the Discharge Voucher was signed 'under duress', as contended by the Complainant Co.9. Discharge Voucher, to discharge the insurance company of its liability, has the objective (inter alia) of settling the claim to the satisfaction of the insured, and closing the matter.The Discharge Voucher, but, has to be unconditional and voluntary.If Discharge Voucher is signed under protest or with objection or under duress or under circumstances as evince fraud or coercion or undue influence or misrepresentation or in any way an air of malafide, the insured is not estopped from demanding its claim in full and unquestionably retains its right to agitate before a competent court / tribunal.Whether or not, in a particular case, Discharge Voucher was not unconditional and voluntary, but signed in protest or with objection or under duress or under circumstances as evince fraud or coercion or undue influence or misrepresentation or in any way an air of malafide, is a question of fact, to be adjudged from the facts and specificities and circumstances of the particular case.10. In the instant case, it is seen that the Complainant Co., M/s Patel Engineering Ltd., is a major infrastructure and construction services company in the country. It has the wherewithal, legal cell, resources, awareness, etc., to protect its interests in its dealings with its insurance company(ies) as also in the court / tribunal.The Insurance Co. settled the claim on 'non standard' basis, on grounds that (i) there was a breach of implicit warranty as regards overloading of the trailer; the same was certified by the Surveyor and (ii) as per pre-acceptance inspection and spot survey report the consignment was not properly secured on the trailer (its letters of 07.08.2008 and 15.09.2008 refer).The Insurance Co. offered an amount of Rs. 1,43,66,370/- (75%, on 'non standard' basis) towards full and final settlement and asked the Complainant Co. to execute Discharge Voucher and Letter of Subrogation.The Complainant Co. sent the duly signed Discharge Voucher and Letter of Subrogation to the Insurance Co. (its letter of 03.03.2009 refers). Nowhere, in the letter or on the Discharge Voucher or on the Letter of Subrogation, was there any implicit or explicit mention of the same being in protest or with objection or under duress or the like.The Complainant Co. requested the Insurance Co. to handover the claim settlement cheque to its employee (its letter dated 25.03.2009 refers). Nowhere was there any implicit or explicit mention of any protest or objection or duress or the like.After thus receiving the claim settlement amount, the Complainant Co. then furthered a contention that it was constrained to issue the Discharge Voucher under duress (its letter dated 08.04.2009 refers). This was subsequent to having duly signed the Discharge Voucher and Letter of Subrogation without any implicit or explicit mention of protest or objection or duress or the like and subsequent to having received the claim settlement amount.Nothing has been placed on record by the Complainant Co. to show that it was in any financial constraints or problems or situation as may have merited anyhow accepting any amount from the Insurance Co. to tide over its constraints or problems or situation.Nothing has been placed on record by the Complainant Co. to explain as to why, rather than unconditionally signing the Discharge Voucher and Letter of Subrogation and obtaining the claim settlement amount, it did not agitate before the competent court or tribunal for its claim to be settled on 'total loss' basis with concomitant prayer for interim relief of a direction to the Insurance Co. to immediately pay the 75% amount on 'non standard' basis (which the Insurance Co. was ready and willing to pay by its own admission), with the balance amount being subject to final adjudication by the court / tribunal.11. A bald assertion, by a pan-country infrastructure and construction services company, having the wherewithal, legal cell, resources, awareness, etc., that it was constrained to issue the Discharge Voucher under duress, made after signing the Discharge Voucher, after receiving the claim settlement amount, with no evidence, either to support that it did so to tide over any financial constraints or problems or situation or to support that it made a protest or objection or the like while signing the Discharge Voucher, or to in any manner show that the Discharge Voucher was actually in fact under duress, is not acceptable in the facts and specificities and circumstances of the instant case.12. The State Commission has erred in overlooking the significance and consequence of Discharge Voucher, as also in accepting the subsequently made bald assertion of duress without any evidence in support and out of sync with the facts and specificities and circumstances of the case.13. The question re Discharge Voucher is accordingly answered, that:one: Discharge Voucher, to discharge the insurance company of its liability, has the objective (inter alia) of settling the claim to the satisfaction of the insured, and closing the matter.two : The Discharge Voucher, but, has to be unconditional and voluntary.three : If Discharge Voucher is signed under protest or with objection or under duress or under circumstances as evince fraud or coercion or undue influence or misrepresentation or in any way an air of malafide, the insured is not estopped from demanding its claim in full and unquestionably retains its right to agitate before a competent court / tribunal.four : In the facts and specificities and circumstances of the instant case, the Complainant

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Co. has failed to establish its (bald) contention that it was constrained to sign the Discharge Voucher 'under duress'.five : Having signed the Discharge Voucher unconditionally and voluntarily, with eyes open, the Complainant Co. was estopped from subsequently agitating for the balance amount.14. No ground is made out to interfere with the Insurance Co. having settled the claim with unconditional and voluntary Discharge Voucher and Letter of Subrogation, and having paid the claim settlement amount to the Complainant Co.15. The second issue, of rate of interest, becomes infructuous. It may but be said that on the face of it itself, the rate of interest of 15% per annum appears to be on the higher side. However, assessment of just and equitable rate of interest has become redundant.16. The clerical mistake in the computation of the balance amount, argued by Mr. Kishore Rawat, learned Counsel for the Insurance Co., does not require to be examined, the same also having become redundant.17. The Appeal succeeds.The impugned Order dated 11.06.2012 of the State Commission is set aside.The Complaint is dismissed.18. The Registry is directed to send a copy each of this Order to the Insurance Co. and to the Complainant Co. within three days of its pronouncement.
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