Supreme Court of India · 2019-01-30
Sumit Kumar Saha vs Reliance General Insurance Company ...
- Citation / case number
- AIRONLINE 2019 SC 2575
- Court
- Supreme Court of India
- Petitioner
- Sumit Kumar Saha
- Respondent
- Reliance General Insurance Company ...
- Author
- Uday Umesh Lalit
- Bench
- R. Subhash Reddy, Uday Umesh Lalit
Judgment text excerpt
The Supreme Court addressed the interpretation of insurance policy provisions under the Consumer Protection Act, specifically regarding the indemnity clause in the context of a claim for a Volvo Hydraulic Excavator. The Court held that the insurer is liable to pay the actual value of the item immediately before the loss, deducting proper depreciation, as per the policy's terms. The judgment emphasized that the insured must ensure the sum insured reflects the replacement cost to avoid underinsurance, affirming the National Commission's decision in favor of the appellant.