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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
SC 2002/11862
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO. LTD.
Respondent
M/S. ABHILASH JEWELLERY
Author
MARKANDEY KATJU,R.M. LODHA, , ,
Bench
MARKANDEY KATJU,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court held that an apprentice does not qualify as an 'employee' under the terms of an insurance policy, despite definitions in various statutes like the Kerala Shops and Commercial Establishments Act and the Employees State Insurance Act that include apprentices. The Court emphasized that the term 'employee' in the insurance contract must be interpreted in its common parlance meaning, which does not encompass apprentices. Consequently, the claim for loss of gold ornaments was deemed not maintainable, and the order of the National Consumer Disputes Redressal Commission was set aside, allowing the appeal without costs.

NEW INDIA ASSURANCE CO. LTD. vs M/S. ABHILASH JEWELLERY · Niyam