Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 12 August 2026
Case Overview
- Parties: Appellant(s) ICICI Lombard General Insurance Co. Ltd. & others vs. Respondent M/S. HCC CPPL JV in Civil Appeal No. 4914/2023; and Counter‑appeal M/S. HCC CPPL JV vs. ICICI Lombard in Civil Appeal No. 6963/2023.
- The appeal challenges the NCDRC order dated 03‑05‑2023 which directed ICICI Lombard to pay Rs 9,61,90,263 plus interest (9% p.a., escalating to 12% after default) and Rs 50,000 litigation costs to the complainant.
- The appellants argued the NCDRC judgment lacked reasoning, was delivered after a long delay, and relied on a compromised surveyor report; the respondent contended the surveyor was independent and the award justified.
- The Supreme Court examined the adequacy of reasoning in paragraph 18 of the NCDRC judgment and found it insufficient, referencing a coordinate bench decision in New India Assurance Co. Ltd. v. Louis Dreyfus Commodities Pvt. Ltd.
Final Outcome
- Civil Appeal No. 4914/2023 is allowed. The NCDRC judgment dated 03‑05‑2023 is set aside. The matter is remanded to the NCDRC for de novo consideration. Consumer Complaint No. 308 of 2013 is restored to its original number. The NCDRC is directed to dispose of the case within four months and the parties must appear before it on 18‑08‑2026.
- The Court noted the existence of two conflicting surveyor reports and left it to the NCDRC to decide whether an independent reassessment is required.
- All pending applications, if any, are disposed of.
- Civil Appeal No. 6963/2023 is dismissed in view of the order in Appeal 4914/2023, and any pending applications are also disposed of.
Topics: Consumer Compensation, Insurance Litigation