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january 2019

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.

Sumit Kumar Saha vs Reliance General Insurance Company ... · Niyam