Supreme Court of India · 1999-08-19
ORIENTAL INSURANCE CO LTD vs SONY CHERIYAN
- Citation / case number
- SC 1997/8769
- Court
- Supreme Court of India
- Petitioner
- ORIENTAL INSURANCE CO LTD
- Respondent
- SONY CHERIYAN
- Author
- SAGHIR AHMAD
- Bench
- R.P.SETHI S.SAGHIR AHMAD
Judgment text excerpt
The Supreme Court upheld the decision of the Kerala State Consumer Disputes Redressal Commission, which directed the insurance company to pay the respondent for the loss of his truck carrying Ether Solvent. The Court found that the insurance policy's limitation on use did not exclude the claim, as the substance carried was not legally defined as hazardous under the Motor Vehicles Act, 1988. The Court emphasized that the definitions under Sections 2(13) and 2(14) of the Act were crucial in determining the validity of the claim, ultimately ruling in favor of the respondent.