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november 2000

Supreme Court of India · 2000-11-29

M/S Hanil Era Textiles Limited vs Oriental Insurance Co. Ltd. & Ors

Court
Supreme Court of India
Petitioner
M/S Hanil Era Textiles Limited
Respondent
Oriental Insurance Co. Ltd. & Ors
Author
K.G. Balakrishnan
Bench
M.J.Rao, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court ruled that the insurance company could not unilaterally change the premium rates after the occurrence of a fire incident, as it violated the principles of good faith and fair dealing under the Insurance Act, 1938. The Court emphasized that the insured had complied with all necessary requirements and that the insurance company’s demand for additional premium post-incident was unjustified. The Court held that the appellant was entitled to the full claim amount of Rs. 3,68,60,231/- as assessed by the surveyors, rejecting the insurance company's deductions.

M/S Hanil Era Textiles Limited vs Oriental Insurance Co. Ltd. & Ors · Niyam