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.