Supreme Court of India
Iffco Tokio General Insurance Company Ltd. v. Pearl Beverages Ltd.
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.
What the Court ordered
We are of the view that there is nothing in law which would otherwise disentitle the appellant from setting up the case that the exclusion clause would disentitle the respondent from succeeding.
Judgment, page 67
From the headnote
Motor Vehicles Act, 1988 –s.185 – Contract of Insurance – Drunken driving – Liability of insurer – Exclusion Clause – Consumer Protection Act, 1986 – s.185 – Respondent-Company’s car (Porsche) insured with the appellant, met with an accident and was completely damaged – Appellant repudiated the claim by the respondent – State Commission rejected the complaint of the respondent – Order set aside by NCDRC – On appeal, held: Presence of alcohol in excess of 30 mg per 100 ml. of blood is not an indispensable requirement to enable an Insurer to successfully invoke the clause – What is required to…
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