Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1999

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.

ORIENTAL INSURANCE CO LTD vs SONY CHERIYAN · Niyam