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april 2014

Supreme Court of India · 2014-04-07

Metal Powder Company Ltd vs Oriental Insurance Co. Ltd

Citation / case number
AIR 2014 SUPREME COURT 1938
Court
Supreme Court of India
Petitioner
Metal Powder Company Ltd
Respondent
Oriental Insurance Co. Ltd
Author
Ranjan Gogoi
Bench
N.V. Ramana, Ranjan Gogoi, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the exclusion clause in the insurance policy, specifically Clause 4.6, which excludes liability for loss arising from the insolvency of the vessel's owners, is valid and enforceable. The Court found that the abandonment of the ship due to financial difficulties falls within this exclusion, thus denying the plaintiff's claim for indemnity. The appeal was dismissed, upholding the High Court's reversal of the Trial Court's decree in favor of the plaintiff.

Metal Powder Company Ltd vs Oriental Insurance Co. Ltd · Niyam