Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Marine Insurance Act 1963 - ss. 17 and 52 - Issuance of Open Marine Policy (Cargo) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Marine Insurance Act, 1963 - ss. 17 and 52 - Issuance of Open Marine Policy (Cargo) - To the consignor - Loss occurred to the consignee during subsistence of the policy - Consignee authorised the consignor to file claim for the loss - Complaints filed by the consignor-insured before State Consumer Commission making claims for the loss, in terms of the Po/icy - Insurer challenged maintainability of the complaint on the ground that the insured lost its locus to file the complaint having assigned the policy in favour of the consignee - State Commission as well as the National Consumer Commission in appeal, held that the complaint was maintainable and hence the insured was entitled to compensation - On appeal, held: There is nothing to show that the consignor-insured assigned the contract of insurance policy in favour of the consignee - Even if it is assumed that the rights under the Policy were assigned to the consignee yet in the light of authorisation by the consignee in favour of the consignor-insured to raise claim for the loss, the insured had locus to file the complaint-Also in view of the provisions u!ss.17 and 52, rights of the insured under the Policy continued to remain with it - Thus, the comp(aint was maintainable - Consumer Protection Act, 1986. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2016 INSC 445 |
Petitioner | United India Insurance Co. Ltd. |
Respondent | Leisure Wear Exports Ltd. |
SCR | [2016] 4 S.C.R. 799 |
Judgement Date | 2016-06-29 |
Case Number | 1004 |
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