Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | by the.buyer Contract - Contract of insurance - Between exporting proprietary concern and Export Credit Guarantee Corporation - Shipment Comprehensive Risk Policy issued - Consignments sent by the exporter insured which were covered by the insurance and also which were not covered by the insurance - Non-acceptance of the documents negotiated and of the goods |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | .Contract - Contract of insurance - Between exportingproprietary concern and Export Credit Guarantee Corporation- Shipment Comprehensive Risk Policy issued -Consignments sent by the exporter insured which werecovered by the insurance and also which were not coveredby the insurance - Non-acceptance of the documentsnegotiated and of the goods, by the.buyer- Communicationregarding the non-acceptance by the insured to the insurer-Corporation and also regarding shipment which was notcovered through insurance - Insurance claim - Repudiatedby the insurer on the ground that the insured violated theterms of the policy- Held:. In view of Clause 5 of the policy, itcannot be said that the insured violated the terms of policyas regards the reduction of the period for payment- However,the insured omitted the condition of declaration of shipment amounting to 50% in number and 30% in value, which wasviolative of Clauses 1, 2, ?(a), B(a), 10, 19(a), 28 and 29 ofthe Policy - Hence after construing the policy in its entiretyand in a harmonious manner, liability cannot be fastened onthe insurer- Insurer rightly repudiated the claim. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 486 |
Petitioner | M/s. Bhs Industries |
Respondent | Export Credit Guarantee Corp. &anr. |
SCR | [2015] 8 S.C.R. 366 |
Judgement Date | 2015-07-07 |
Case Number | 2729 |
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