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february 2020

Supreme Court of India · 2020-02-07

BHARTI AXA GENERAL INSURANCE CO. LTD vs PRIYA PAUL

Citation / case number
SC 2017/21098
Court
Supreme Court of India
Petitioner
BHARTI AXA GENERAL INSURANCE CO. LTD
Respondent
PRIYA PAUL
Author
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
Bench
HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

Judgment text excerpt

The Supreme Court upheld the National Consumer Disputes Redressal Commission's decision, affirming that the glider involved in the accident was classified as an 'aircraft' under Section 2(1) of the Aircrafts Act, 1934, and was not expressly excluded from coverage under the insurance policy. The Court emphasized that the insurer failed to prove that the glider was not a 'standard type of aircraft' and that the onus was on the insurer to demonstrate any exclusion. Consequently, the Court directed the insurer to pay the claim amount of Rs. 1 crore with interest at 8% per annum.

BHARTI AXA GENERAL INSURANCE CO. LTD vs PRIYA PAUL · Niyam