Supreme Court · 2010 INSC 685 · Decided 8 October 2010

M/S Suraj Mal Ram Niwas Oil Mills (P.) LTD. v. United India Insurance CO. LTD. & ANR.

Court
Supreme Court of India
Citation
2010 INSC 685 · [2010] 13 S.C.R. 138
Case number
CIVIL APPEAL No. 1375/2003
Decided
8 October 2010
Bench
D.K. JAIN, T.S. THAKUR (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Insurance - Contract of insurance - In terms of the contract, insured required to disclose each and every dispatch C of consignment - Insured not disclosing dispatch of some of the consignments - Dispatch of the consignment in question disclosed - Damage to the - Insurance claim - Repudiated by insurance company on the ground that the insured had violated terms and conditions of D the contract by not disclosing all the dispatches - Entitlement of the insured to insurance claim - Held: Insurance claim must fail on the ground of the breach of contract

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