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Saturday, November 1, 2025

Fire insurance — nature of contract — cause of fire. — A fire insurance policy is a contract of indemnity. Once it is established that loss has occurred by fire and there is no allegation or finding of fraud or that the insured instigated the fire, the precise technical cause of the fire is immaterial; the insurer cannot repudiate liability merely because the surveyor opines that the fire did not originate from a particular source unless an exclusion or culpability is proved. (Paras 32–43, 36.) Surveyor’s report — scope of challenge before consumer forum. — A surveyor’s reasoned on-site report is entitled to weight; however, where the final surveyor’s conclusions lack cogent reasoning or ignore contemporaneous primary business records produced by the insured, the report may be held to be perverse and arbitrary. Consumer fora need not subject a surveyor’s report to microscopic forensic dissection but may quash it where it is vitiated by omission or arbitrariness. (Paras 14, 57, 62.) Interpretation of policy abbreviations — ‘FFF’. — Ambiguous policy language must be construed commercially and in favour of the insured; the abbreviation “FFF” in the policy is to be read as “Furniture, Fixtures & Fittings” and cannot be excluded without clear contractual basis. (Paras 44–47.) Proof of quantum — contemporaneous business records. — Stock loss and its valuation can be proved by contemporaneous records maintained in the ordinary course of business (stock statements, cost sheets, production logs, purchase orders, cancelled orders, VAT returns and audited financials); such material, if coherent and corroborative, furnishes admissible and reliable proof of quantum and may rebut an unreasoned surveyor’s estimate. (Paras 49–56, 60.) Assessment methodology — arbitrary unit valuation, depreciation and salvage. — A surveyor’s assignment of a uniform per-unit value without regard to differing product types or to charred/unidentifiable goods is arbitrary. Depreciation and salvage require specification of machine age and accepted rates; salvage cannot be mechanically assumed for goods (e.g., leather) rendered worthless by fire/water. (Paras 58–61.) Relief and interest. — Where insurer’s repudiation is found contrary to record and law, insured is entitled to recovery under the policy; the Court may moderate interest where appropriate — here, interest fixed at 6% p.a. from three months after the date of the incident until payment. (Para 63.) Disposition. — Appeal by insurer dismissed; appeal by insured allowed in part — insured entitled to coverage including FFF and to quantum established by admissible evidence; interest awarded as above.


Fire insurance — nature of contract — cause of fire. — A fire insurance policy is a contract of indemnity. Once it is established that loss has occurred by fire and there is no allegation or finding of fraud or that the insured instigated the fire, the precise technical cause of the fire is immaterial; the insurer cannot repudiate liability merely because the surveyor opines that the fire did not originate from a particular source unless an exclusion or culpability is proved. (Paras 32–43, 36.)


Surveyor’s report — scope of challenge before consumer forum. — A surveyor’s reasoned on-site report is entitled to weight; however, where the final surveyor’s conclusions lack cogent reasoning or ignore contemporaneous primary business records produced by the insured, the report may be held to be perverse and arbitrary. Consumer fora need not subject a surveyor’s report to microscopic forensic dissection but may quash it where it is vitiated by omission or arbitrariness. (Paras 14, 57, 62.)


Interpretation of policy abbreviations — ‘FFF’. — Ambiguous policy language must be construed commercially and in favour of the insured; the abbreviation “FFF” in the policy is to be read as “Furniture, Fixtures & Fittings” and cannot be excluded without clear contractual basis. (Paras 44–47.)


Proof of quantum — contemporaneous business records. — Stock loss and its valuation can be proved by contemporaneous records maintained in the ordinary course of business (stock statements, cost sheets, production logs, purchase orders, cancelled orders, VAT returns and audited financials); such material, if coherent and corroborative, furnishes admissible and reliable proof of quantum and may rebut an unreasoned surveyor’s estimate. (Paras 49–56, 60.)


Assessment methodology — arbitrary unit valuation, depreciation and salvage. — A surveyor’s assignment of a uniform per-unit value without regard to differing product types or to charred/unidentifiable goods is arbitrary. Depreciation and salvage require specification of machine age and accepted rates; salvage cannot be mechanically assumed for goods (e.g., leather) rendered worthless by fire/water. (Paras 58–61.)


Relief and interest. — Where insurer’s repudiation is found contrary to record and law, insured is entitled to recovery under the policy; the Court may moderate interest where appropriate — here, interest fixed at 6% p.a. from three months after the date of the incident until payment. (Para 63.)


Disposition. — Appeal by insurer dismissed; appeal by insured allowed in part — insured entitled to coverage including FFF and to quantum established by admissible evidence; interest awarded as above.2025 INSC 1271

Civil Appeal Nos.3806/2020 & 3855/2020 Page 1 of 25

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVILAPPELLATE JURISDICTION

CIVILAPPEAL NO. 3806 OF 2020

ORION CONMERX PVT. LTD. .…. APPELLANT

VERSUS

NATIONAL INSURANCE CO. LTD. ..…RESPONDENT

WITH

 CIVIL APPEAL NO. 3855 OF 2020

J U D G M E N T

MANMOHAN, J.

1. Cross Appeals have been filed challenging the order dated 10th August

2020 passed by National Consumer Disputes Redressal Commission (herein after

referred to as the ‘National Commission’), wherein the consumer complaint

No.248 of 2012 filed by M/s Orion Conmerx Pvt. Ltd. (hereinafter referred to as

‘Insured’) was partly allowed and it was held by the National Commission that

the Surveyor ‘had not proved that the fire was not accidental’ and that the

documents provided by the Insured, namely, reports of the Bank Auditor,

Architect and Chartered Accountant were adequate to assess the loss caused.

Further, the National Commission held that the assessment of the loss at

Rs.61,39,539/- by the Surveyor was rightly done taking into account the material

lost in the fire and the documentary evidence (after the exclusion of furniture,

fittings and fixtures, as they were not insured) and the said amount was directed 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 2 of 25

to be paid with simple interest @ 9% per annum, with effect from the date of

repudiation of the claim till realization, by the National Insurance Co. Ltd.

(hereinafter referred to as ‘Insurance Company’) to the Insured within eight

weeks.

ARGUMENTS ON BEHALF OF THE INSURANCE COMPANY

2. At the outset, Ms. Shantha Devi Raman, learned counsel for the Insurance

Company submitted that the Insurance Company had given cogent reasons for

repudiation of the claim raised by the Insured, inasmuch as, the Insurance

Company had rightly stated vide letter dated 14th June, 2011 that the nature of

damage did not support the manifestation of an occurrence which could

reasonably and otherwise sustainably be concluded as an occurrence within the

terms and conditions of the Insurance Company’s policies.

3. She stated that the preliminary Surveyor, after visiting the premises, had

concluded that circumstantial evidence indicated electrical short circuiting as the

most probable cause of fire. She contended that the role of preliminary Surveyor

was only to inspect the spot immediately after the loss.

4. Ms. Shantha Devi Raman, learned counsel for the Insurance Company

further stated that the final Surveyor, after a more detailed investigation, had

concluded that ‘after removal of all the debris has resulted in a finding, which

precludes the possibility of an accidental ignition of electrical origin.’ She stated

that the final Surveyor had observed in paragraph 11 of the Report dated 30th

March, 2011 that the electrical short circuit as a probable cause stood readily 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 3 of 25

denied in view of the fact that the walls and roof right above the electrical fitting

had been spared almost completely and that the debris after the occurrence at the

location immediately adjoining the fitting were also not supporting the possibility

of an electrical source of ignition having had its seat there and then spread out to

the other materials. She stated that the final Surveyor had pointed out that even

thin plastic sheets and accessories such as buttons were intact. Thus, according to

her, final Surveyor had clearly opined that an electrical short circuit could not

have been the source of the fire. Therefore, she stated that the final Surveyor had

concluded that based on the physical examination undertaken by him, no

accidental fire had occurred and that available evidence showed manifestation of

multiple sources of fire.

5. She contended that the Insured had not pleaded anything specific to

contradict this or to disprove the findings of the final Surveyor that fire was not

accidental. She stated that the Insured had only raised few interrogatories on

ventilation to the final Surveyor and CW-1 had deposed in his affidavit about the

same but had failed to show the correlation or implication of the same on his

finding about the fire incident. Moreover, she contended that the Insured had not

led evidence of any forensic expert or independent witness disproving the report

of final Surveyor.

6. Consequently, according to her, as the final Surveyor had not concluded

that the fire was accidental, the Insured was not entitled to any compensation

under the fire policies.

Civil Appeal Nos.3806/2020 & 3855/2020 Page 4 of 25

7. She also emphasised that the preliminary Surveyor and the final Surveyor

in their reports dated 07th October 2010 and 30th March 2011 had stated that there

is no coverage available for ‘FFF’ (i.e. furniture, fixtures and fittings) under any

of the fire policies.

8. She further stated that the Insured in its complaint had not specifically

pleaded as to what was the basis for claiming an amount of Rs.3,30,93,678/-

(amount as per prayer in complaint) or to substantiate the quantity/unit of stocks

lost or its unit value and therefore, there was no calculation available on record

to contradict the calculation made by the final Surveyor. She pointed out that the

Insured had sought the claim amount (while raising the claim with Insurance

Company) of Rs.3,51,52,412/- under the following six heads:-

CLAIM PARTICULARS CLAIM AMOUNTS

Stocks Rs.2,65,75,647/-

Furniture and Fittings Rs.3,53,893/-

Building Rs.19,98,853/-

Plant and Machinery Rs.21,12,069/-

Showroom Rs.25,00,000/-

Electrical Fittings Rs.16,11,950/-

TOTAL Rs.3,51,52,412/-

9. According to her, the five claims of the Insured (other than claim for stock)

rested on the Report of M/s AURA, Architects & Designers, which, vide Report

dated 11th October, 2010 had estimated loss on account of Civil works to be

Rs.19,98,853/-; on account of furniture and fittings to be Rs.3,53,893/-; on

account of Plant and Machinery to be Rs.21,12,069/-; on account of construction

and interior design of showroom to be Rs.25,00,000/- and Rs.16,11,950/- on 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 5 of 25

account of Electrical works amounting to a total of Rs.85,76,765/- only.

However, according to her, after perusal of the evidence affidavit of Mr. Rakesh

Ahuja, Proprietor of M/s AURA, it was clear that they were all estimates and the

architect had not physically visited the premises but had issued his report on the

basis of discussion held with the Insured and that this estimate had not been

substantiated with any reasoning or document. Further, the architect had not

considered the depreciation and non-coverage of ‘FFF’ (i.e. furniture, fixtures and

fittings) under the policy.

10. She stated that the claim of the Insured with regard to stocks rested on the

report of Tarun Gandhi & Co., Chartered Accountants, which concluded that after

analysis of the average stock computed on the basis of stock statements, the stock

before the date of the fire and stock on the date of the fire, the stock lost on

account of fire, the sales tax return and the audited balance sheet, the total loss on

account of fire was Rs.2,45,16,913/-. However, after perusal of the evidence

affidavit of Mr. Tarun Gandhi, Partner, it was clear that the Chartered Accountant

had not physically visited the premises and that his estimate was based on

approximation and was on the basis of the trend and not substantiated with the

units or rates.

11. She stated that the Insured had also relied on the stock statement, as on 31st

July 2010, submitted to their bankers, Canara Bank and had led the evidence of

one Mr. Amit Singh from the bank. She contended that as per the stock valuation

report submitted to Canara Bank, which was part of evidence affidavit of Mr. 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 6 of 25

Amit Singh, Manager, Canara Bank, samples lying with the Insured had been

excluded from the total stock value and the reason of the exclusion was that ‘these

are sample pieces and not for sale and hence cannot be included.’ She, however,

stated that while filing its claim, the Insured had included the cost of sample

pieces.

12. She contended that the Insured relied on the generalised findings of M/s

AURA pertaining to furniture, fittings, building, plant and machinery, showroom

and electrical fittings, without any evidence to substantiate their findings and M/s

Tarun Gandhi for stocks, without substantiating the basis or proof of their

analyses and hence, both were unreliable and could not be a piece of evidence to

contradict the detailed report of the final Surveyor. She stated that the Insured

had attached a table of cancellation of orders and divided the claim of

Rs.2,65,75,647/- into Rs.1,72,88,452/- as against cancelled orders,

Rs.50,02,698/- as against accessories and Rs.42,84,497/- as against samples. She

contended that this table had been created by the Insured with the assumption that

all its products were finished products, however, it cannot be accepted when it is

not supported with evidence. She emphasised that cancellation of orders does not

prove actual loss.

13. She submitted that the Insured claimed that they had provided documents

which constituted 5855 (five thousand eight hundred fifty five) pages, however,

except the final Surveyor, no one else had perused the documents in detail and

conducted a proper physical inspection of the premises. The Insured had not filed 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 7 of 25

even a single document before the National Commission or before this Court to

show the exact number of units damaged/burnt, whether they were finished

products or WIP or raw material etc., and what were the corresponding rates of

each item. Hence, according to her, the Insured, being the complainant, had failed

to file base documents and discharge the onus of proof.

14. In support of her submissions and contentions, she relied upon the

following judgments:-

A. Khatema Fibres Limited Vs. New India Assurance Company Limited and

Another, (2023) 15 SCC 327, wherein it has been held as under:-

“32. It is true that even any inadequacy in the quality, nature and

manner of performance which is required to be maintained by or under

any law or which has been undertaken to be performed pursuant to a

contract, will fall within the definition of the expression “deficiency”.

But to come within the said parameter, the appellant should be able to

establish : (i) either that the Surveyor did not comply with the code of

conduct in respect of his duties, responsibilities and other professional

requirements as specified by the regulations made under the Act, in

terms of Section 64-UM(1-A) of the Insurance Act, 1938, as it stood

then; or (ii) that the insurer acted arbitrarily in rejecting the whole or

a part of the surveyor's report in exercise of the discretion available

under the proviso to Section 64-UM(2) of the Insurance Act, 1938.

xxx xxx xxx

38. A consumer forum which is primarily concerned with an allegation

of deficiency in service cannot subject the surveyor's report to forensic

examination of its anatomy, just as a civil court could do. Once it is

found that there was no inadequacy in the quality, nature and manner

of performance of the duties and responsibilities of the surveyor, in a

manner prescribed by the Regulations as to their code of conduct and

once it is found that the report is not based on adhocism or vitiated by

arbitrariness, then the jurisdiction of the Consumer Forum to go further

would stop.”

Civil Appeal Nos.3806/2020 & 3855/2020 Page 8 of 25

B. Industrial Promotion and Investment Corporation of Orissa Limited Vs.

New India Assurance Company Limited and Another, (2016) 15 SCC 315,

wherein it has been held as under:-

“12. This Court in General Assurance Society Ltd. v. Chandmull Jain,

(1966) 3 SCR 500 : AIR 1966 SC 1644] held that there is no difference

between a contract of insurance and any other contract except that in a

contract of insurance there is a requirement of uberrima fides i.e. good

faith on the part of the insured and the contract is likely to be

construed contra proferentes i.e. against the company in case of

ambiguity or doubt. It was further held in the said judgment that the

duty of the Court is to interpret the words in which the contract is

expressed by the parties and it is not for the Court to make a new

contract, however reasonable.”

C. United India Insurance Company Limited Vs. Hyundai Engineering and

Construction Company Limited and Others, (2024) 6 SCC 310, wherein it has

been held as under:-

“34. At the outset, the experts concerned were never examined

before NCDRC. Further, these reports were not based on siteinspection. They are all theoretical in nature….

35. A similar approach was adopted by the other experts. On the other

hand, the surveyor has examined himself and adduced documents.

Further, there is sufficient evidence to indicate that the surveyor has

made site visits and the proof of that was part of the pleadings filed

before us.”

15. She contended that the final Surveyor, while concluding his report dated

30th March 2011 despite calculating net assessed losses for all claims, had

erroneously directed payment of gross loss amounting to Rs.61,39,539/-. She

emphasised that the gross amount included profit element and did not consider

depreciation and salvage. Consequently, while not admitting any liability, she 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 9 of 25

alternatively submitted that the National Commission ought to have awarded the

net amount of Rs.44,35,174/- instead of the gross amount of Rs.61,39,539/-.

ARGUMENTS ON BEHALF OF THE INSURED

16. Mr. Ramesh Singh, learned senior counsel for the Insured stated that the

fire which took place on 25th September, 2010 at 8:30 a.m. was a result of an

accident, namely, short circuit as is clear from Preliminary Surveyor Report at

para 5.5 and police investigation report based on the complaint dated 25th

September, 2010, inasmuch as, it records ‘on the basis of the letter/report the

matter has been found of accidental fire’.

17. According to him, regarding the cause/source of fire, the final Surveyor’s

report was inconclusive. He contended that the final Surveyor’s finding on the

origin/source of fire was flawed as it had failed to consider ventilation which was

a critical factor for determination of fire origin and its behavior.

18. He stated that during the financial year 2010-2011 (year of fire damage) up

to the date of fire i.e. 25th September 2010, the Insured had recorded a sales

turnover of Rs. 26,26,95,194/- with additional export incentive of

Rs.1,80,70,106/- amounting to a turnover of approximately Rs. 28 crores and the

total sales turnover during the said financial year amounted to Rs. 42 crores

(inclusive of export incentive of about Rs. 2.5 crores).

19. He pointed out that statutory stock audit had been conducted by Canara

Bank’s panel auditor M/s Gupta & Bagaria between 27th August 2010 and 30th

August 2010 who certified that the total stock of approximately Rs. 24.46 crores 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 10 of 25

were held by the Insured out of which raw materials and consumables accounted

for Rs. 14.65 crores, work in progress for Rs. 6.35 crores and finished goods for

Rs. 6.35 crores approximately. He clarified that samples have no marketable

value for bank and hence were excluded by the bank from total stock in its

valuation report.

20. He emphasised that due to fire, considerable damage had taken place to the

building structure, plant and machinery, furniture and fixture, electrical fittings,

stock of raw material, semi-finished and finished goods and showroom.

21. He stated that except for the claim of stocks (i.e. insofar as other five heads

of claims were concerned), the difference in the amount claimed and agreed to by

the Surveyor was essentially on account of furniture, fittings and fixtures not

being considered on the basis that none of the fire policies covered the said

category. He pointed out that Rs.54,31,076/- was towards furniture, fixtures and

fittings. He contended that the Surveyor’s view on furniture and fittings was a

clear error, inasmuch as, the Policy No.360901/11/103400000092 under the head

“Description of Risk” clearly provided for “FFF” which means furniture, fittings

and fixtures.

22. He contended that the Insured is entitled to the claim of Rs.3,30,93,678/-

and accordingly, the amount of Rs.61,39,539/- determined by the Surveyor was

incorrect.

Civil Appeal Nos.3806/2020 & 3855/2020 Page 11 of 25

23. He stated that while assessing the claim for stocks, the following

documents were asked for by the final Surveyor which were duly submitted by

the Insured:-

a. Cost sheets show required raw material to produce the finished

goods and also show the prices of the raw materials for finalization of

price of final product.

b. Purchase orders and purchase bills showing the purchases of

raw materials to produce the finished goods.

c. Outward Inward registers showing date-wise entries of items,

quantity, value along with party name, including the raw material

movement.

d. Stock movement details which included month-wise closing

and opening balance for raw material, leather and accessories.

e. ‘Production Movement Records’ showing production logs of

Insured pursuant to the receipt of orders placed upon it. Same duly

reflected the production being done by Insured towards meeting the

orders.

f. Stock statement for the last six months showing stock

statements of raw material (accessories), raw material (leather), WIP

and finished goods.

g. VAT returns.

Civil Appeal Nos.3806/2020 & 3855/2020 Page 12 of 25

h. Balance sheets as well as profit and loss account for the last

three years at 31.03.2008, 31.03.2009 and 31.03.2010.

i. Total loss details as per which the item wise detail of goods

damaged along with its quantity, value and location were provided i.e.

goods at production floor, production store, WIP store, finished goods

production store, samples at showroom and finished goods garments at

ground floor.

j. Details of orders and emails regarding cancellation of orders

were also relied upon. The said document showed the details of orders

buyer-wise/ description-wise/ quantity-wise and value-wise.

24. He stated that the stock details not only showed that the value of the total

stock at the premises where the fire incident took place was approximately Rs.19

crores but also gave the breakup quantity-wise as well as value of the said items.

This, according to him, corroborates the figures in the cost sheet and stock

statement.

25. According to him, all the above documents shared with the final Surveyor

were contemporaneous documents maintained by the Insured in the usual course

of business.

26. He stated that apart from the aforesaid preliminary evidence, the affidavit

of Mr. Tarun Gandhi, Partner of M/s Tarun Gandhi & Co. enclosing a detailed

report dated 05th January 2012 was also relied upon. The said report, according

to him, was admissible in terms of Section 65(g) of the India Evidence Act, 1872. 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 13 of 25

27. He further stated that the loss of Rs.2,45,16,913/- against loss of stock had

been duly proved/established by the Insured. He pointed out that the value of

stock had been independently proved by placing on record costs of various items

(finished WIP, raw material) which were lying on the first floor and the ground

floor that got damaged because of fire as well as use of water to douse the fire

and the quantity of such items in the said two places.

28. Mr. Ramesh Singh contended that the amount of Rs.29,93,850/- assessed

by the final Surveyor towards the net loss of stock was clearly wrong as it

considered only the value of identifiable/recognizable goods i.e. the goods which

were damaged because of water and completely left out the

unidentifiable/unrecognizable goods i.e. the goods which were damaged on

account of fire. He emphasised that photographs showing the damage caused due

to fire were shared with the final Surveyor.

29. Mr. Ramesh Singh clarified that the cost of each item of stock had been

determined on the basis of cost sheets of various items which were shared with

the Surveyor.

30. He emphasised that the Surveyor had arbitrarily awarded a uniform

compensation of Rs.450/- for each damaged item of identifiable/recognizable

stock irrespective of the fact whether it was a leather belt or leather jacket or

polyester lining. He further stated that when an explanation was sought from the

Surveyor regarding the said figure, the same was once again met with evasive

reply.

Civil Appeal Nos.3806/2020 & 3855/2020 Page 14 of 25

31. He lastly pointed out that the National Commission ordered for

compensation to the Insured in the form of simple interest @ 9 % p.a., with effect

from the date of repudiation of the claim till realization. He submitted that in the

absence of agreement between the parties regarding payment of interest or

quantum of interest, the Insured was entitled to enhanced interest and that too

from three months from the date of incident.

REASONING

PRINCIPLES GOVERNING ‘FIRE INSURANCE’

32. Having heard learned counsel for the parties, this Court is of the view that

fire insurance is a strategic tool for risk management, asset protection and

economic resilience. Fire insurance policy does not prevent fire – but it cushions

the financial impact when it occurs. Keeping in view the importance of the

concept of fire insurance, it is important to outline the principles governing the

same.

33. It is settled law that the contract of fire insurance is a contract to indemnify

the Insured against loss by fire. The expression ‘fire’ signifies the cause of the

loss and in order to determine whether in a particular case the loss is caused by

fire, the following rules generally apply:-

a) There must be an actual fire; hence mere heating or

fermentation will not be sufficient to render the insurers liable

for loss occasioned thereby.

Civil Appeal Nos.3806/2020 & 3855/2020 Page 15 of 25

b) There must be something on fire which ought not to have been

on fire.

c) There must be something in the nature of an accident, but a fire

occasioned by the wilful act of a third person without the

consent of the Insured, is to be regarded as accidental for the

purpose of this rule.

If these requisites are satisfied, any loss attributable to the fire, whether by

actual burning or otherwise, is within the contract.

34. The object of the contract is to protect the Insured against loss occasioned

by fire. The fire must be accidental. The dictionary meaning of the expression

‘accidental’ is a ‘happening occurring unexpectedly or by chance’. Consequently,

damage from a deliberately set fire will not be covered. To carry out the

investigation, therefore, beyond the cause of the loss and to cast upon the Insured

the burden of establishing that the cause of the fire itself was covered by his

contract, would largely defeat this object.

35. The cause of fire, however, becomes material where the circumstances of

the case are open to suspicion, and seem to indicate that it would be contrary to

the principle of good faith (doctrine of uberrima fides) inherent in the contract to

permit the Insured to recover. Accordingly, the cause of fire becomes material in

cases where the fire is occasioned not by negligence but by the wilful act of

Insured himself or of someone acting with his privity or consent. In such a case,

his conduct, coupled with the making of a claim, is a fraud upon the insurers and 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 16 of 25

he cannot enforce his claim against them. (See: The Law Relating to Fire

Insurance by A.W. Baker Welford and W.W. Otter-Barry Fourth Edition).

36. This Court in New India Assurance Company Limited and Others vs.

Mudit Roadways, (2024) 3 SCC 193 has held, ‘the precise cause of a fire,

whether attributed to a short-circuit or any alternative factor, remains

immaterial, provided the claimant is not the instigator of the fire’. The said

judgment categorically holds that the precise cause of fire is immaterial provided

the Insured is not the instigator of the fire. This judgment underscores the

importance of insurers’ duty to act in good faith and honour its commitment to

the Insured.

37. Consequently, this Court is of the opinion that once it is established that

the loss is due to fire and there is no allegation/finding of fraud or that the Insured

is the instigator of the fire, the cause of fire is immaterial and it will have to be

assumed and presumed that the fire is accidental and falls within the ambit and

scope of fire policy.

IN THE PRESENT CASE, THE INCIDENT IS AN ACCIDENTAL FIRE

38. The term and condition of one of the fire policies, in the present case, is

reproduced hereinbelow:-

“THE COMPANY AGREES, (Subject to the Conditions and Exclusions

contained herein or endorsed or otherwise expressed hereon) that if

after payment of the premium the Property insured described in the said

Schedule or any part of such Property be destroyed or damaged by any

of the perils specified hereunder during the period of insurance named

in the said schedule or of any subsequent period in respect of which the

Insured shall have paid and the Company shall have accepted the 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 17 of 25

premium required for the renewal of the policy, the Company shall pay

to the Insured the value of the Property at the time of the happening of

its destruction or the amount of such damage or at its option reinstate

or replace such property or any part thereof:

I. Fire excluding destruction or damage caused to the property

insured by

a) i) its own fermentation, natural heating or spontaneous

combustion.

ii) its undergoing any heating or drying process.

b) burning of property ensured by order of any Public

Authority.

II. Lightning

III. Explosion/Implosion Excluding loss, destruction of a

damage….”

39. The aforesaid fire policy does not state that no liability will accrue upon

the insurer till the exact cause of fire is proved.

40. In the present case, actual fire damage is proved by police investigation

report based on complaint dated 25th September 2010, preliminary Surveyor’s

report, photographs of fire, fire claim form and reports of M/s AURA, Architects

& Designers and Tarun Gandhi & Co., Chartered Accountants.

41. The final Surveyor’s conclusion that the fire is not accidental is not correct,

as there is no reasoning in the final Surveyor’s report as to why the fire is not

accidental. This Court is of the view that the final Surveyor’s report has only

found that electric short circuit is not the sole source and that there were three

independent sources/seats/pools of fire. But the said finding cannot lead to the

conclusion that the fire in question is not accidental. This is more so, when the 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 18 of 25

final Surveyor in its report has neither concluded that the incident of fire falls

within the exception/exclusion clause of the fire policies nor fraud, negligence or

intentional damage by the Insured. In fact, the final Surveyor’s report is not

conclusive with regard to the cause of fire and there is no finding leave alone any

conclusion in the final Surveyor’s report that the Insured caused the fire.

Accordingly, this Court is of the view that in the present case, the incident of fire

is an accidental fire and is an occurrence which reasonably and otherwise is an

occurrence within the terms and conditions of the Insurance policies.

42. Consequently, this Court is of the opinion that the basis for rejecting the

claim by the final Surveyor and Insurance Company is contrary to record,

untenable in law and suffers from arbitrariness and perversity.

43. Even otherwise, this Court is of the opinion that the National Commission’s

view on this issue is well considered and cogent and does not call for any

interference.

POLICIES PROVIDE FOR COVERAGE OF ‘FFF’ WHICH CAN ONLY MEAN

FURNITURE, FIXTURES AND FITTINGS

44. This Court agrees with the contention of Mr.Ramesh Singh, learned senior

counsel for the Insured that the difference in the amount claimed and granted by

the Surveyor qua five claims (i.e. other than stocks) is essentially on account of

furniture, fixtures and fittings not being considered on the ground that none of the

policies covered the said category. This view on furniture, fixtures and fittings is

a clear error, inasmuch as, the policy No.360901/11/10/3400000092 under the 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 19 of 25

head “Description of Risk” clearly provides for ‘FFF’ which can only mean

furniture, fixtures and fittings.

45. On the meaning of ‘FFF’ in the fire policies, the Surveyor has given an

evasive reply in his answer to interrogatories. The said answers are reproduced

hereinbelow:-

“8(a) On what basis you say that the furniture and fittings are not

covered when the same are explicitly covered under the policy?

Ans. Based on the description or the absence of the same in the policy

contract.

8(b) What is the meaning of the words “FFF” used in the policy?

Ans. The question calls for an argumentative reply.

8(c) Do the words “FFF” used in the policy not mean Furniture,

Fittings and Fixtures?

Ans. The question calls for an argumentative reply.

8(d) If no, what do they stand for? (Please specify on the basis of past

precedents)?

Ans. The question calls for an argumentative reply...”

46. Further, the National Commission’s finding that ‘assessment for furniture,

fixtures and fittings has been rightly excluded….as no premium had been paid for

the same’ is contrary to record. Even the learned counsel for the Insurance

company did not defend the impugned order on the said ground.

47. It is also settled law that coverage provisions should be interpreted broadly

and in case of ambiguity, it is to be resolved in favour of the Insured. This Court

in Canara Bank vs. United India Insurance Company Limited and Others,

(2020) 3 SCC 455 has held as under:-

“22. The principles relating to interpretation of insurance policies are

well settled and not in dispute. At the same time, the provisions of the 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 20 of 25

policy must be read and interpreted in such a manner so as to give

effect to the reasonable expectations of all the parties including the

insured and the beneficiaries. It is also well settled that coverage

provisions should be interpreted broadly and if there is any ambiguity,

the same should be resolved in favour of the insured. On the other

hand, the exclusion clauses must be read narrowly. The policy and its

components must be read as a whole and given a meaning which

furthers the expectations of the parties and also the business realities.

According to us, the entire policy should be understood and examined

in such a manner and when that is done, the interpretation becomes

a commercially sensible interpretation.”

(emphasis supplied)

48. Consequently, this Court is of the view that the policies provide for

coverage of ‘FFF’ which can only mean furniture, fixtures and fittings and the

Insured is entitled to the amounts claimed under the heads of Building, Plant and

Machinery, Showroom, Electric fittings, furniture and fixtures.

INSURED HAS SUBSTANTIATED ITS CLAIMS FOR LOSS OF STOCK WITH

REASONS AND CONTEMPORANEOUS DOCUMENTS MAINTAINED IN THE

REGULAR COURSE OF BUSINESS

49. This Court finds that the purchase orders and emails regarding cancellation

of orders contain the details of orders buyer-wise/description-wise/quantity-wise

and value-wise.

50. Insofar as the quantity of the products damaged/destroyed in the fire are

concerned, the closing balance figures of such items are reflected in stock

movement detail and stock statement as on 24th September, 2010 of the unit where

the fire incident took place for the two floors, namely, ground floor and first floor.

The same was relied upon and shared with the Surveyor.

Civil Appeal Nos.3806/2020 & 3855/2020 Page 21 of 25

51. From the documents on record, it is apparent that the companies who had

cancelled their orders included Levis Strauss (India) Pvt. Ltd., Benetton India Pvt.

Ltd., Gap inc, Tommy Hilfiger Europe BV, J. Crew, Mexx Europe BV, Tempe and

Wilson Leather amongst others. The total value of the damaged goods that were

in the process of being manufactured/produced as per the orders of the Companies

was Rs.1,72,88,452/- (at the exchange of 1 US = Rs.44) out of total loss of

Rs.2,65,75,647/-.

52. Further, the Insurance Company’s argument that cancellation of orders

does not prove the actual loss is erroneous as figures given in calculation sheet

indicating the cancelled orders are supported with the following

contemporaneous documents maintained in the regular course of business:-

a. Stock details till 24.09.2010 (25.09.2010 being the date of fire)

showing date-wise/period-wise opening and closing stock along with

description of goods i.e. finished/WIP, raw material (accessories) etc.

quantity, rate and value.

b. Cost sheets.

c. Stock statement showing period-wise, including period from

01.09.2010 to 24.09.2010 (25.09.2010 being date of fire) stock (WIP,

finished goods and finished goods samples) with opening and closing

quantity, in and out quantity along with unit, rate and value.

d. Date-wise production movement.

Civil Appeal Nos.3806/2020 & 3855/2020 Page 22 of 25

e. Copies of orders placed by various customers on Insured which

were cancelled due to fire.

53. This Court randomly tested the veracity of five figures given in the said list

of cancelled orders against the backup/primary evidence/documents. No

discrepancy was found, except in one instance, namely, Serial No. 32, wherein

the quantity ordered figure is shown to be less than quantity cancelled. This was

found on account of the fact that the production of said product was more than

what was ordered. This figure is corroborated by contemporaneous documents

like production movement records and stock details at three locations.

54. This Court agrees with the contention of the Insured that the purpose of

valuation done by the bank is different, inasmuch as, for the Insured the samples

are of value, but not to the bank. Destruction of samples on account of fire caused

loss to the Insured, who had to arrange for replacement of the samples.

55. The Insured has also produced production logs, which showcase daily

production of items, including finished goods and the goods at the advance stage

of production. The Insured has raised claim not on the basis of the order value but

rather on the basis of the stock actually lying at the unit against the said orders,

which substantiates genuineness of Insured’s claim.

56. Consequently, in the present case, actual loss has been proved by the

Insured by producing the ‘base documents’, which are clearly relevant and

admissible in terms of Section 34 of the Indian Evidence Act, 1872.

Civil Appeal Nos.3806/2020 & 3855/2020 Page 23 of 25

57. Moreover, the final Surveyor has not dealt with the 5,855 (five thousand

eight hundred fifty five) pages’ documents provided to him by the Insured and

has erroneously recorded in his report that “till date insured have not submitted

any reasonable or correlatable documentary evidence in support of the quantum

and thereby the value of the claim”. Consequently, the Insurance Company’s

contention that there was no basis for claiming an amount of Rs.3,30,93,678/- as

compensation is contrary to record inasmuch as the Insured has substantiated its

claims with reasons and contemporaneous documents.

58. Not only have the cost sheets been completely ignored by the final

Surveyor, but also an average uniform per unit price of Rs.450/- has been

arbitrarily assigned for ascertaining Insured’s insurance liability towards stock

irrespective of the nature of the stock (i.e. whether the damaged item was a leather

jacket or a leather belt or a polyester lining etc.).

59. This Court is further of the view that the Insurance Company’s insistence

that officers of M/s AURA and/or M/s Tarun Gandhi & Company should have

physically visited the premises is a red herring, inasmuch as, all that could have

been ascertained by the physical visit is the cause of fire and factum of goods

having been damaged by fire and water. Insofar as the quantity and value of the

goods lost by fire and water is concerned, the same could not have been accurately

ascertained by mere physical visit; instead, what was more reliable were various

documents and evidence maintained by the Insured in normal course of business. 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 24 of 25

That is precisely the reason why all such documents were asked for by the

Surveyor and were supplied by the Insured.

60. This Court also finds that the Insured has, while assessing loss, reduced the

amount of assessed loss from Rs.2.65 crores to Rs.2.45 crores to exclude the

profit elements and overvalued stock. The relevant portion of the report of M/s

Tarun Gandhi & Co. Chartered Accountants is reproduced herein below:-

“(iii) We certify and Report that the Loss of 2.65 crore shown in the

profit & loss A/C of the Company includes the Profit element and some

overvalued stock and therefore the Assessed loss computed by us comes

to Rs.2.45 crore subject to a marginal variation of 1% to 2%.”

61. Further, the sine qua non for calculation of depreciation is the age of

machinery and the accepted rate of depreciation for the products. Without

specifying these two ingredients, the Surveyor could not have assessed

depreciation – as has been done in the present case. The salvage as assessed by

the Surveyor for stock is misconceived as the products in question are leather

products which are worthless in the event they are damaged by fire and/or water.

Consequently, this Court is of the view that in the present case, the Insured has

only claimed net loss and not gross loss.

62. Keeping in view the aforesaid, this Court is of the view that even according

to the tests stipulated in the judgments cited by the Insurance Company, the

irresistible conclusion is that the final Surveyor has not only misdirected itself in

law, but has adopted a perverse approach, inasmuch as, no reason has been given

for discarding the Cost Sheet for each item maintained in regular course of

business and that too when the Cost Sheet tallies with all other primary documents 

Civil Appeal Nos.3806/2020 & 3855/2020 Page 25 of 25

like purchase orders. Further, the final Surveyor’s recommendation to award an

average unit price of Rs.450/- for each item of identifiable stock/product is deeply

flawed as it neither takes into account the value of non-identifiable goods (i.e.

goods that had been charred in the fire) nor does it take into account the nature of

the stock (i.e. whether a leather jacket or a leather bag or a leather belt or a

polyester lining etc.) for determining its value.

CONCLUSION

63. Keeping in view the aforesaid as well as the fact that the objective of the

fire insurance policy is to restore the policyholder to the financial position before

the loss, the appeal filed by the Insurance Company is dismissed and the appeal

filed by the Insured is allowed, except that simple interest is allowed @ 6% per

annum from three months from the date of the incident till the date of payment.

……..……………….J.

[DIPANKAR DATTA]

……………….J.

[MANMOHAN]

New Delhi;

October 30, 2025