Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Open cover insurance insured cargo Marine insurance Insurance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Marine Insurance Act, 1963 (11 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Insurance:Marine insurance – Open cover insurance – Claim for insurance in respect of insured cargo – Denied by insurer – Consumer complaint alleging deficiency in service – Complaint dismissed by NCDRC – Appeal to Supreme Court – Held: Marine Cargo Cover Note as well as Marine Insurance Policy stated that Institute Classification Clause (ICC) was one of the warranties/ terms of insurance – The subject vessel was neither in compliance with the ICC, nor had the insured given prompt notification to the insurer about such non-compliance – It is also not proved that such breach was waived by the insurer – Hence, the insurer rightly repudiated the insurance claim – Marine Insurance Act, 1963 – ss. 35(3) and36(3).Marine Insurance Act, 1963:ss. 35(3) and 36(3) – Nature of promissory warranty and its waiver – Held: Automatic consequence of a breach of warranty, is discharge of insurer’s liability – Such discharge of liability does not require any express conduct or representation from the insurer – However, waiver of breach of warranty can be done by way of incorporating certain terms in the insurance contract or the exclusion clause in the Institute Cargo clause or by a representation or conduct of the insurer. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2020 INSC 146 |
Petitioner | M/s Rajankumar And Brothers (impex) |
Respondent | Oriental Insurance Company Ltd. |
SCR | [2020] 6 S.C.R. 163 |
Judgement Date | 2020-02-07 |
Case Number | 971 |
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