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R. SUBRAMANIAN, R. SAKTHIVEL
Oriental Insurance Co. Ltd. , Represented by its Deputy General Manager Mr. Ajith Kumar – Appellant
Versus
Acme Commodities Pvt. Ltd. , Represented by its General Manager (Administration & Commercial) V. Sriraman – Respondent
JUDGMENT :
(R. Sakthivel, J.)
(PRAYER: Original Side Appeal filed under Section 13 of Commercial Courts Act, 2015 read with Clause 15 of the Letters Patent, praying to set aside the judgment and decree passed in C.S.No.399 of 2017 dated 27.06.2023 and thereby dismiss the Suit in C.S.No.399 of 2017 with costs.)
Assailing the judgment and decree dated June 27, 2023 passed by the learned Single Judge of this Court in C.S.No.399 of 2017, the appellants / defendants have preferred this Original Side Appeal under Section 13 of Commercial Courts Act, 2015 read with Clause 15 of the Letters Patent, praying to set aside the judgment and decree.
2. For the sake of convenience, the parties will be referred to as per their array in the suit.
Case of the plaintiff:
3.Plaintiff, a reputed commodity trading company, entered into two contracts for purchase of Dried Raw Cashew Nuts in shell (Fresh Crop 2014) from ‘M/s.SNK General Trading LLC, Dubai and SNK General Trading Pte. Ltd, Singapore’ (henceforth collectively referred to as ‘sellers’). The sellers agreed to sell 3500 Metric Tonnes (M.T.) +/- 10% of the Cashew Nuts which were to be shipped from Port Guinea Bissau to Port Tuticorin in the vessel
The court affirmed the validity of the insurance policy and the seaworthiness of the vessel, ruling that the plaintiff was entitled to recover damages due to unjustified repudiation of the claim by t....
The court established that an insurance policy is valid if obtained before the insured event, and misrepresentation claims must be substantiated by evidence.
The failure to comply with the Institute Classification Clause in marine insurance policies results in a fundamental breach, negating coverage for cargo loss.
The carrier is strictly liable for loss of goods in transit, and once loss is established, the burden shifts to the carrier to disprove negligence.
The carrier is absolutely liable for loss of goods entrusted to them during transport, and the plaintiffs are not required to prove negligence if they can establish the loss and the entrustment of go....
The burden of proof in insurance claims lies with the insurer to establish policy violations, and claims cannot be repudiated without substantial evidence supporting such breaches.
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