Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2016

Supreme Court of India · 2016-08-22

M/S.I.P.& INVESTMENT CORPN.OF ORISSA LTD vs NEW INDIA ASSURANCE CO. LTD.

Citation / case number
SC 2006/1826
Court
Supreme Court of India
Petitioner
M/S.I.P.& INVESTMENT CORPN.OF ORISSA LTD
Respondent
NEW INDIA ASSURANCE CO. LTD.
Author
L. NAGESWARA RAO
Bench
L. NAGESWARA RAO ANIL R. DAVE

Judgment text excerpt

The Supreme Court held that the Appellant's claim for insurance under the Burglary and House Breaking Policy was valid despite the insurer's repudiation based on the interpretation of policy terms. The Court emphasized that the rule of contra proferentem applies, meaning any ambiguity in the insurance policy should be interpreted in favor of the insured. The Court found that the requirement of 'forcible and violent entry' pertains specifically to house breaking and not to theft, thus allowing the appeal against the MRTP Commission's rejection of the claim.

M/S.I.P.& INVESTMENT CORPN.OF ORISSA LTD vs NEW INDIA ASSURANCE CO. LTD. · Niyam