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Supreme Court of India · 2014-04-07

METAL POWDER COMPANY LTD. vs ORIENTAL INSURANCE CO. LTD.

Citation / case number
SC 2006/22474
Court
Supreme Court of India
Petitioner
METAL POWDER COMPANY LTD.
Respondent
ORIENTAL INSURANCE CO. LTD.
Author
RANJAN GOGOI
Bench
P SATHASIVAM,RANJAN GOGOI,N.V. RAMANA

Judgment text excerpt

The Supreme Court addressed the appeal concerning the repudiation of an insurance claim under the Institute Cargo Clauses, specifically Clause 4.6, which excludes coverage for losses arising from the insolvency of the vessel's owners. The Court held that the insurer's reliance on this exclusion clause was unjustified as the loss was due to an insured peril, and the plaintiff was entitled to recover the insured amount of Rs. 2,65,000 along with interest. The High Court's decree reversing the trial court's decision was set aside, affirming the trial court's ruling in favor of the plaintiff.

METAL POWDER COMPANY LTD. vs ORIENTAL INSURANCE CO. LTD. · Niyam