Supreme Court · 2008 INSC 124 · Decided 30 January 2008

M/S. Sea Lark Fisheries v. United India Insurance CO. and ANR.

Court
Supreme Court of India
Citation
2008 INSC 124 · [2008] 2 S.C.R. 346
Case number
CIVIL APPEAL No. 803/2008
Decided
30 January 2008
Bench
S.B. SINHA, H.S. BEDI (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Contract: Contract of insurance - Marine insurance - Insurance of C sea vessel - Non-disclosure of material facts - Held: Insurance policy repudiable - Marine Insurance Act, 1963 - ss.19,20,21and41(3)- Tamil Nadu Minor Ports Harbour Craft Rules, 1953- rr. 31 and 32. D Appellant owned a loan from the bank. At the time of sanction of the loan, the bank obtained insurance policy in respect of the said vessel by handing over the signed proposal form to DW1, the agent of Respondent No.1-insurance company, who filled E up the particulars himself and issued the policy. The sea

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