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.