Supreme Court of India

M/s Rajankumar and Brothers (impex) v. Oriental Insurance Company Ltd.

Neutral citation
Bench Mohan M. Shantanagoudar and K. M. Joseph JJ.
Decided 7 February 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the impugned judgement of the NCDRC stands confirmed, and the appeal is dismissed.

Judgment, page 35

From the headnote

Insurance: Marine insurance – Open cover insurance – Claim for insurance in respect of insured cargo – Denied by insurer – Consumer complaint alleging deficiency in service – Complaint dismissed by NCDRC – Appeal to Supreme Court – Held: Marine Cargo Cover Note as well as Marine Insurance Policy stated that Institute Classification Clause (ICC) was one of the warranties/ terms of insurance – The subject vessel was neither in compliance with the ICC, nor had the insured given prompt notification to the insurer about such non-compliance – It is also not proved that such breach was waived by the…

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