Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 12 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Insurance Policy-Damage caused to building and machinery due to impact from operation of a bulldozer-Insurance claim-Insurance company repudiating the claim as not covered by terms of the policy-Complaint dismissed by the District Forum-Reversed by the State Commission directing payment of claim with interest thereon-Affirmed by the National Commission reducing the amount of claim-On appeal, Held: Phrase 'impact by road vehicle' in Clause 5 of the policy indicates damage caused to the building on account of vibration of the driving of vehicles close to the road-Interpreting narrowly, damage to the building and machinery due to impact by any vehicle! rail would not arise-Since the word impact having more than one meaning, in the absence of exclusion clause it is reasonable and fair to construe the same in favour of the insured-Interpretation of Statutes-Insurance Law.Doctrine: 'rule of contra preferentem '-Meaning of in the context of interpretation of the word 'impact' in insurance law. Words and Phrases: 'lmpact'-Meaning of in the context of insurance law. |
Judge | Hon'ble Mr. Justice Shivaraj V Patil |
Neutral Citation | 2004 INSC 128 |
Petitioner | United India Insurance Co. Ltd |
Respondent | M/s. Pushpalya Printers |
SCR | [2004] 2 S.C.R. 631 |
Judgement Date | 2004-02-25 |
Case Number | 391 |
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