Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Reliance General Insurance Co. Ltd. – Appellant
Versus
Seven Islands Shipping Ltd. – Respondent
JUDGMENT :
A. THE CHALLENGE
1) The Petitioner-Insurance Company has invoked jurisdiction of this Court under Article 227 of the Constitution of India for assailing judgment and order dated 31 July 2023 passed by the National Consumer Disputes Redressal Commission dismissing First Appeal No.849/2021 filed by it and confirming the judgment and order dated 22 September 2021 passed by the Presiding Judicial Officer of State Consumer Disputes Redressal Commission, Maharashtra, Mumbai in Complaint No. CC/16/235.
B. FACTS
2) The first Respondent-Seven Islands Shipping Ltd. (Seven Islands) is an Indian shipping company operating its cargo and tanker ships for carriage of goods including oil to offshores of the country. Petitioner is a private insurance company engaged in the business of providing general insurance coverages of various types. It is duly licensed by the Insurance Regulatory and Development Authority of India since 23 October 2000. Respondent No.2 operates as an insurance intermediary and had facilitated the issuance of the insurance policy between the Petitioner and Respondent No.1.
3) Seven Islands, through its agent-Respondent No.2, expressed interest in seeking insurance cover
The warranty of no claims in insurance does not apply to routine wear and tear; claims must be interpreted favorably to the consumer under contra proferentem.
The warranty in an insurance policy must be explicitly part of the agreement; claims for routine wear and tear do not constitute accidents under the policy.
(1) Declaration made by Opponent no.1 that insurance policy issued by Opponent no.1 is void-ab-initio is illegal.(2) Only the insurance policy given by Opponent no.1 to complainant will come into exi....
Insurer's repudiation of claim based on non-disclosure of prior claims was illegal, as warranties were not binding and material facts were not concealed.
The High Court emphasized the importance of concurrent findings of fact, the limited scope of the High Court's supervisory jurisdiction, and the interpretation of insurance policy clauses in reaching....
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
Insurance policies cannot be repudiated without clear evidence, and ongoing communications may extend limitation periods for claims under the Consumer Protection Act.
(1) Ex-gratia is an act of gratis and has no connection with liability, payable as a legal duty.(2) Scope and ambit of Revisional Jurisdiction is very limited.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
