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

august 2018

Supreme Court of India · 2018-08-21

M/S. SONELL CLOCKS AND GIFTS LTD. vs THE NEW INDIA ASSURANCE CO. LTD.

Citation / case number
SC 2016/40963
Court
Supreme Court of India
Petitioner
M/S. SONELL CLOCKS AND GIFTS LTD.
Respondent
THE NEW INDIA ASSURANCE CO. LTD.
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's complaint against the Insurance Company, stating that the appellant failed to comply with the mandatory obligations under the insurance policy, specifically Clause 6, which required immediate notice of loss and submission of claim particulars within stipulated timeframes. The Court emphasized that the delay in notifying the insurer about the loss, which occurred on 4th August 2004 but was reported only on 30th November 2004, constituted a breach of contract. Consequently, the Court affirmed the Commission's finding of no deficiency in service by the insurer under the Consumer Protection Act, 1986.

M/S. SONELL CLOCKS AND GIFTS LTD. vs THE NEW INDIA ASSURANCE CO. LTD. · Niyam