Supreme Court of India
Sohom Shipping Pvt. Ltd. v. M/s the New India Assurance Co. Ltd. & Anr.
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 hold that the special condition cannot be treated as a condition precedent to waive any liability under the policy.
Judgment, page 12
From the headnote
Issue for Consideration The present dispute hinges on the phrase “voyage should commence & complete before monsoon sets in”, a special condition contained in the contract for insurance between the parties, and raises questions regarding its validity, interpretation and materiality. Whether, the special condition in the policy schedule for voyage insurance stands breached justifying the de facto repudiation of the appellant’s claim by the respondent.
Authorities it was built on
- 1966 General Assurance Society Ltd. v. Chandumull Jain and Anr.
- 2010 Contship Container Lines Ltd. v. D.K. Lall and Ors.
- 2020 M/s Rajankumar and Brothers (impex) v. Oriental Insurance Company Ltd.
- 2008 M/s. Sea Lark Fisheries v. United India Insurance Co. and Anr.
- 2008 Deokar Exports Pvt. Ltd. v. New India Assurance Company Ltd.
- 2023 Hind Offshore Pvt. Ltd. v. Iffco – Tokio General Insurance Co. Ltd.
- 1957 The State of Bombay v. Salat Pragji Karamsi
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