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january 2009

Supreme Court of India · 2009-01-22

New India Assurance Co. Ltd vs M/S. Abhilash Jewellery

Citation / case number
AIR 2009 SUPREME COURT 1827
Court
Supreme Court of India
Petitioner
New India Assurance Co. Ltd
Respondent
M/S. Abhilash Jewellery
Bench
R.M. Lodha, Markandey Katju

Judgment text excerpt

The Supreme Court held that an apprentice does not qualify as an 'employee' under the Jeweller's Block Policy, as the term 'employee' in the insurance contract must be interpreted in its common parlance meaning, rather than the broader definitions provided in various statutes such as the Kerala Shops and Commercial Establishments Act. The Court found that the National Consumer Disputes Redressal Commission's interpretation was incorrect, leading to the conclusion that the claim for loss of gold ornaments was not maintainable. Consequently, the order of the National Commission was set aside and the appeal was allowed.

New India Assurance Co. Ltd vs M/S. Abhilash Jewellery · Niyam