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september 2008

Supreme Court of India · 2008-09-23

DEOKAR EXPORTS PVT. LTD. vs NEW INDIA ASSURANCE COMPANY LTD.

Citation / case number
SC 2001/9843
Court
Supreme Court of India
Petitioner
DEOKAR EXPORTS PVT. LTD.
Respondent
NEW INDIA ASSURANCE COMPANY LTD.
Author
R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,
Bench
R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,

Judgment text excerpt

The Supreme Court addressed the issue of insurance policy coverage, specifically regarding the prospective nature of insurance contracts. It held that unless mutually agreed otherwise, an insurance policy is effective from the date of issuance, as per the appellant's contention. The Court found that the High Court's ruling, which deemed the policy to cover a period from 26.8.1988 to 25.8.1989, was erroneous, and clarified that the policy should be treated as covering the risk from 30.6.1989 for one year, thereby allowing the appellant's claim for the fire accident on 10.2.1990 to proceed.

DEOKAR EXPORTS PVT. LTD. vs NEW INDIA ASSURANCE COMPANY LTD. · Niyam