Supreme Court of India · 2008-01-30
Sea Lark Fisheries vs United India Insurance Co. & Anr
- Court
- Supreme Court of India
- Petitioner
- Sea Lark Fisheries
- Respondent
- United India Insurance Co. & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court addressed the issue of insurance liability concerning a fishing vessel, 'Sea Lark', which sank after being insured by the respondent. The Court held that the insurer's repudiation of the claim based on alleged non-disclosure of the vessel's seaworthiness was erroneous, as the insurer failed to raise this issue in the written statement, denying the appellant a chance to respond. The Court reinstated the High Court's decree in favor of the appellant, emphasizing the importance of full disclosure and the insurer's obligation to prove any misrepresentation under the Marine Insurance Act.