VidhiSangh

Supreme Court of India · 07/12/2018

NEW INDIA ASSURANCE COMPANY LIMITED versus RAJESHWAR SHARMA AND ORS.

[2018] 14 S.C.R. 1181 · 2018 INSC 1166

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court rejected an insurance claim for demolition damage because the policy excluded destruction by order of a lawfully constituted authority. The insured’s own pleadings established that the Municipal Corporation carried out the demolition. The exclusion concerned action under that authority, rather than a prior determination that its demolition was lawful. The separate civil suit challenging the municipal action remained unaffected.

Issues

  1. Whether the municipal-demolition exclusion applied despite non-production of a formal demolition order and the insured’s challenge to legality of the action.

Held

Result

Insurer’s appeal allowed; High Court judgment and insurance award set aside, and consumer complaint dismissed. Insured’s appeal dismissed. No costs; merits of the separate civil suit unaffected.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1181.