Supreme Court of India
Bharat Watch Company through its Partner v. National Insurance Co. Ltd. through its Regional Manager
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We accordingly, allow the appeal and set aside the impugned judgment and order of the NCDRC. The order passed by the District Forum shall accordingly, stand restored. There shall be no order as to costs.
Judgment, 18
From the headnote
Insurance: Insurance policy – Exclusionary clause – Non-communication of, to the insured – Effect of – Insurance claim – For theft/burglary of shop – Claim was repudiated by the insurer in view of the terms of exclusion in the policy – Consumer complaint allowed by District Forum as well as by the State Commission in appeal, on the ground that exclusion would not be binding on the insured because the terms and conditions of the exclusion were not communicated to the insured – National Commission, relying on the exclusion clause, rejected the claim of the insured – In appeal, held: Terms and conditions of the exclusionary clause would have been attracted if the same were communicated to the insured – In absence of such communication, the exclusionary clause are not attracted in the present case – Order of National Commission is liable to be set aside – Appeal allowed.
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