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january 2019

Supreme Court of India · 2019-01-30

SUMIT KUMAR SAHA vs RELIANCE GENERAL INSURANCE COMPANY LIMITED

Citation / case number
SC 2018/21109
Court
Supreme Court of India
Petitioner
SUMIT KUMAR SAHA
Respondent
RELIANCE GENERAL INSURANCE COMPANY LIMITED
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed the interpretation of insurance policy provisions under the Consumer Protection Act, particularly focusing on 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 stipulated in the insurance policy. The judgment clarified the obligations of the insurer regarding total loss and repair costs, emphasizing the need for adherence to policy terms while determining claims.

SUMIT KUMAR SAHA vs RELIANCE GENERAL INSURANCE COMPANY LIMITED · Niyam