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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