Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Insurance Claim Mode of payment-CIF contract |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Insurance Claim Mode of payment-CIF contract-Consignor exported precious stones- Insurance cover procured-Insured value of consignments in terms of Pounds Sterling-But the premium paid in Indian currency-Consignment however, lost in transit-Claim filed against Insurance Company to pay in Pounds Sterling-National Commission allowed the claim-On appeal, held the title to the goods had not passed to the consignee as he could not produce any document of title-Therefore, consignor is not entitled to receive payment in Pounds sterling.Respondent-consignor exported parcels of precious stones to the consignee in London. He obtained insurance policies from the appellant-insurance company and the insured value of the consignments were in terms of Pounds Sterling. Consignment did not reach the consignee and the investigators appointed confirmed that the consignment had either been lost or stolen. Respondent-consignor filed a claim against the appellant and insisted the payment in Pounds sterling. Appellants contended that as the title in the goods had not passed to the consignees, the respondent-consignor continued to be the owner of the goods and, therefore, the payment could be effected only in Indian currency. National Commission held that as the insurance policies stated that the claim was payable in London and the insured value of the consignments were in terms of Pounds Sterling, the appellant was liable to pay to the respondent in Pounds Sterling. Hence the present cross appeals. Respondent-consignor contended that as the claim was payable at London, the payment should be made by the appellant only in Pounds Sterling. It also contended that the goods were sent on CIF contract and the moment the goods were consigned, the title would pass to the consignee. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2002 INSC 13 |
Petitioner | National Insurance Co. Ltd. |
Respondent | Sky Gems |
SCR | [2002] 1 S.C.R. 118 |
Judgement Date | 2002-01-09 |
Case Number | 559 |
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