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july 2007

Supreme Court of India · 2007-07-16

UNITED INDIA INSURANCE CO. LTD. vs M/S. GREAT EASTERN SHIPPING CO. LTD.

Citation / case number
SC 2004/4565
Court
Supreme Court of India
Petitioner
UNITED INDIA INSURANCE CO. LTD.
Respondent
M/S. GREAT EASTERN SHIPPING CO. LTD.
Author
TARUN CHATTERJEE A.K.MATHUR
Bench
TARUN CHATTERJEE A.K.MATHUR

Judgment text excerpt

The Supreme Court upheld the National Consumer Disputes Redressal Commission's order directing the Insurance Company to pay Rs. 4,94,22,000/- with interest, finding that the claim was maintainable under the insurance policy despite the appellant's repudiation based on Clause 108 of the Institute Cargo Clause. The Court clarified that the insurance coverage included risks associated with temporary storage during transit, and the repudiation was unjustified. The Court emphasized the importance of interpreting insurance contracts in favor of the insured when ambiguity exists, thereby affirming the Commission's decision.

UNITED INDIA INSURANCE CO. LTD. vs M/S. GREAT EASTERN SHIPPING CO. LTD. · Niyam