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august 2009

Supreme Court of India · 2009-08-25

ORIENTAL INSURANCE CO. LTD. vs M/S. OZMA SHIPPING COMPANY

Citation / case number
SC 2001/10820
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO. LTD.
Respondent
M/S. OZMA SHIPPING COMPANY
Author
Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that under Sections 29 and 68 of the Marine Insurance Act, 1963, the value fixed by a valued policy is conclusive between the insurer and the assured, barring fraud. The Court affirmed the National Consumer Disputes Redressal Commission's decision to award the full insured amount of Rs.21,50,000 to the respondent, rejecting the insurer's claim that the vessel's value was only Rs.15 lacs. The Court emphasized that the insurer's reliance on the Surveyor's valuation was unfounded as the policy's terms were clear and binding.

ORIENTAL INSURANCE CO. LTD. vs M/S. OZMA SHIPPING COMPANY · Niyam