Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Insurance: Insurance claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Insurance: Insurance claim – Repudiation of – Non-disclosure or fraud – On facts, claim raised by complainant as per the Special Contingency Policy – Insurance Company’s case that there was suppression or non-disclosure of hydrology data of previous year by the complainant company – National Commission allowed the complainant – Interference with – Held: Not called for – It is not a case of suppression or non-disclosure of data – Whatever data was available, the complainant has made known to the Insurance Company – Insurance Company was aware of the earlier insurance policy obtained from the previous insurance company by the complainant, there was no reason for not asking for such hydrology data of the previous year – Furthermore, cancellation of the subject policy was also not on account of suppression or fraud played by the complainant, but since the complainant has not acceded to the request of the Insurance Company to modify the sum insured; and insurance company were not able to re-insure the claim in the re- insurance market for protection of their interest – Thus, there was no non-disclosure or fraud, to repudiate the claim. |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 2021 INSC 729 |
Petitioner | The Oriental Insurance Co. Ltd. |
Respondent | Malana Power Company Ltd. |
SCR | [2021] 11 S.C.R. 937 |
Judgement Date | 1996-02-15 |
Case Number | 5132 |
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