Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract - Contract of insurance |
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 - Essentials of - Discussed - Terms of insurance policy to be strictly construed - Insured cannot claim anything more than what is covered by the insurance policy - Strict construction.Insurance - Insurance policy - Construction of Reference to proposal form may not only be appropriate but rather essential - However, the surveyors' report cannot be taken aid of nor can it furnish the basis for construction of a policy - Such outside aid for construction of insurance policy is permissible - On facts, the two document i.e. the insurance policy and the proposal form made it clear that the comprehensive floriculture insurance policy in question covered poly-houses 1-6 which were in existence on the date of issuance of the policy and not poly-houses 7, BA and BB which though in existence at the time of the calamity were not • in existence on the date of issuance of the policy - Deeds and Documents - Commercial document. Appellant No.1-company, incorporated with the object of setting up a floriculture project in the State of Maharashtra, took a comprehensive floriculture insurance policy from respondent-insurance company in respect of poly-houses, irrigation system, cost of cultivation of flowers and input cost from first flowering to the harvest. Severe storms/cyclones caused extensive damage to the poly-houses. For the loss suffered, appellant no.1 submitted claim with respondent insurance company and thereafter approached the National Consumer Commission alleging deficiency of service by respondent-insurance company in not settling the claim.Respondent-insurance company admitted that the policy covered poly-houses nos. 1 to 6 but pleaded that the claim on account of damages to poly-houses 7, SA and 88 was not admissible as these poly-houses were not covered under the policy.The National Commission arrived at a finding that at the time of taking policy only six poly-houses were in existence and that there was no evidence or proof to substantiate that the insurance was also covered for poly- houses 7, SA and S8 and consequently held that appellant no.1 was entitled to claim on account of damages to poly-houses nos.1-6 only. In appeal to this Court, the question which arose for consideration was whether the comprehensive floriculture insurance policy issued by respondent insurance company covered poly-houses 7, SA and 88. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2009 INSC 447 |
Petitioner | Vikram Greentech (i) Ltd. & Anr. |
Respondent | New India Assurance Co. Ltd. |
SCR | [2009] 5 S.C.R. 437 |
Judgement Date | 2009-04-01 |
Case Number | 2080 |
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