M/S. MODERN INSULATORS LTD. versus THE ORIENTAL INSURANCE CO. LTD.

M/S. MODERN INSULATORS LTD. versus THE ORIENTAL INSURANCE CO. LTD.

As the exclusion clause and other terms and conditions were neither disclosed nor a part of the contract of insurance, the insurer cannot claim benefit of the exclusion clause. Permitting new grounds in appeal is not sustainable in law.

Source-derived case information.

Parties
Appellant: Modern Insulators Ltd.; Respondent: The Oriental Insurance Co. Ltd.
Jurisdiction
India
Judgment Date
22 February 2000
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From National Commission
Outcome
Appeal allowed
Legal Topics
Deficiency in Insurance Service, Exclusion Clauses in Insurance Policies, Appeals—scope of New Facts
Consumer Protection Insurance Deficiency in Insurance Service Exclusion Clauses in Insurance Policies Appeals—scope of New Facts

Source-derived case record

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Parties

Modern Insulators Ltd.

Appellant

The Oriental Insurance Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From National Commission

Legal Issues

  1. 1 Whether insurance company can rely on exclusion clause not communicated to insured
  2. 2 Whether new facts can be urged in an appeal under Consumer Protection Act

Ratio Decidendi

As the exclusion clause and other terms and conditions were neither disclosed nor a part of the contract of insurance, the insurer cannot claim benefit of the exclusion clause. Permitting new grounds in appeal is not sustainable in law.

Court Disposition

Appeal allowed

Orders

  • Judgment of National Commission set aside
  • Judgment of State Commission restored