Supreme Court · 2020 INSC 146 · Decided 7 February 2020

M/S Rajankumar and Brothers (Impex) v. Oriental Insurance Company LTD.

Court
Supreme Court of India
Citation
2020 INSC 146 · [2020] 6 S.C.R. 163
Case number
CIVIL APPEAL No. 971/2020
Decided
7 February 2020
Bench
MOHAN M. SHANTANAGOUDAR, K.M. JOSEPH (2-judge bench)
Outcome
Dismissed
Case type
Civil

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 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

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