Supreme Court · 2004 INSC 547 · Decided 24 September 2004
United India Insurance CO. LTD. v. M/S. Harchand Rai Chandan Lal
- Court
- Supreme Court of India
- Citation
- 2004 INSC 547 · [2004] SUPP. 4 S.C.R. 662
- Case number
- CIVIL APPEAL No. 6277/2004
- Decided
- 24 September 2004
- Bench
- S.N. VARIAVA, A.K. MATHUR (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 378; Contract Act Section 37; Consumer Protection Act Section 2(J)(c)(ii)
Headnote
Insurance: Insurance policy-"Burglary"-Jnsurance policy defined the word "burglary" as theft preceded by use of force or violence-During the C currency of the insurance policy insured noticed that some bags of food grains were stolen-But Insurance company repudiated the claim below allowed the claim of the insured and awarded compensation to him-Correctness of-Held: The insurance policy is a D contract between the parties and they are bound by its terms-The element of force or violence is a condition precedent for burglary-Therefore, in the absence of violence or force
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