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december 2018

Supreme Court of India · 2018-12-07

New India Insurance Company Limited vs Rajeshwar Sharma

Citation / case number
AIRONLINE 2018 SC 1358
Court
Supreme Court of India
Petitioner
New India Insurance Company Limited
Respondent
Rajeshwar Sharma
Author
D.Y. Chandrachud
Bench
D.Y. Chandrachud, M.R. Shah

Judgment text excerpt

The Supreme Court upheld the decision of the Jammu and Kashmir High Court affirming the State Commission's ruling that New India Assurance Company Limited was liable to indemnify the insured for losses due to the demolition of property. The Court emphasized that the insurer failed to produce any order from a lawfully constituted authority to invoke the exclusion clause in the insurance policy, as per the principles established under the Consumer Protection Act, 1986. The Court confirmed the award of Rs. 17.28 lacs along with litigation costs, thereby rejecting the insurer's appeal.

New India Insurance Company Limited vs Rajeshwar Sharma · Niyam