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december 2006

Supreme Court of India · 2006-12-05

M/S. PEACOCK PLYWOOD PVT. LTD. vs THE ORIENTAL INSURANCE CO. LTD.

Citation / case number
SC 2005/6776
Court
Supreme Court of India
Petitioner
M/S. PEACOCK PLYWOOD PVT. LTD.
Respondent
THE ORIENTAL INSURANCE CO. LTD.
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the interpretation of a marine insurance policy under the Institute Cargo Clause (C), specifically regarding coverage for non-delivery of goods. The Court held that the exclusion clauses in the policy, particularly those related to unseaworthiness and insolvency, must be strictly construed. The appeal was allowed, affirming the High Court's decision that the insurance company was liable for the loss of the insured logs during transit, as the exclusions did not apply in this case.

M/S. PEACOCK PLYWOOD PVT. LTD. vs THE ORIENTAL INSURANCE CO. LTD. · Niyam