Supreme Court · 2016 INSC 445 · Decided 29 June 2016

United India Insurance CO. LTD. v. Leisure Wear Exports LTD.

Court
Supreme Court of India
Citation
2016 INSC 445 · [2016] 4 S.C.R. 799
Case number
CIVIL APPEAL No. 1004/2006
Decided
29 June 2016
Bench
ABHAY MANOHAR SAPRE, ASHOK BHUSHAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Consumer Protection Act

Headnote

Marine Insurance Act, 1963 - ss. 17 and 52 - Issuance of Open Marine Policy (Cargo) - To the consignor - Loss occurred to the consignee during subsistence of the policy - Consignee authorised the consignor to file claim for the loss - Complaints filed by the consignor-insured before State Consumer for the loss, in terms of the Po/icy - Insurer challenged maintainability of the complaint on the ground that the insured lost its locus to file the complaint having assigned the policy in favour of the consignee - State Commission as well as the National Consumer Commission in appeal, held that

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