1. Case Title: New India Assurance Co. Ltd v/s M/S Mudit Roadways (SC)
Civil Appeal No 334/2023
Decided on 24.1.2023 by SC
Legal Issue: Repudiation of claim on new grounds
“it is a settled position that an insurance company cannot travel beyond the grounds mentioned in letter of repudiation .If insurance has not taken delay in intimation as a specific ground in the letter of repudiation ,they cannot do so at the stage of hearing of the consumer complaint before NCDRC’
Referred case: Galada Power & Telecommunication Ltd V/S United India Insurance Co.Ltd (2016)
2. Case Title: New India Assurance Co. Ltd v/s M/S Mudit Roadways (SC)
Civil Appeal No 334/2023
Decided on 24.1.2023 (SC)
Legal Issue:Surveyor’s report although comprehensive but inconclusive on aspect of identification of actual cause of fire/incident
“Surveyor report cannot be considered a sacred document and contrary to evidence ,including an investigation reportis subject to rebuttalThe key question is whether the investigationreport is indispensable or survey report alone is sufficient to determine the cause of fire.”
3. Case Title: New India Assurance Co. Ltd v/s M/S Mudit Roadways (SC)
Civil Appeal No 334/2023
Decided on 24.1.2023 (SC)
Legal Issue: Precise cause of fire attributed to short circuit or any alternative factor remains immaterial provided claimant is not instigator of fire.
“while it is difficult to go by reports relied upon by the insurance company ,the reports furnished by the claimant being consistent and logical are more acceptable in ascertaining the truth of cause of fire”
Referred Case:Canara Bank v/s United India Insurance Co Ltd
“Whether the fire took place by a short circuit or any other reason ,as long as insured is not the person who caused fire,the insurance co. cannot escape the liability. In terms of insurance policy”
4. Case Title: New India Assurance Co. Ltd v/s M/S Mudit Roadways (SC)
Civil Appeal No 334/2023
Decided on 24.1.2023(SC)
Legal issue: Alteration to insured premises & question of Risk increase. Insurance policy does not cease to be applicable in every case
“Such essential repair work on rooftop to prevent watere leakage to warehouse by itself cannot be reasonably construed to be alteration that would increase risk of loss or damages”
5. Case Title: New India Assurance Co. Ltd v/s M/S Mudit Roadways (SC)
Civil Appeal No 334/2023
Decided on 24.1.2023(SC)
Legal issue : Disputing location of warehouse by insurance co. which is damaged by fire break
“it is reasonable that insured premises was one that was identified and insured at survey No 9/3 by insurance company”
Prepared by Dr Prem Lata
