VidhiSangh

Supreme Court of India · 17/01/2020

SANGRUR SALES CORPORATION versus UNITED INDIA INSURANCE COMPANY LIMITED & ANR.

[2020] 5 S.C.R. 44 · 2020 INSC 52

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Summary

The Supreme Court restored the insured shopkeeper’s award for collapse caused by excavation in a neighbouring plot. On the wording of this policy, the excavation exclusion did not expressly extend to an independent third party’s work. The phrase “of any property” qualified the preceding demolition, construction, alteration and repair activities, rather than the excavation wording that followed. With no excavation attributable to the insured, the NCDRC’s broader reading of the exclusion was unreasonable.

Issues

  1. Whether this policy’s excavation exclusion defeated a claim arising from independent excavation on a neighbouring property.

Held

Result

Appeal allowed; NCDRC judgment dated 7 March 2018 set aside and the District Forum award, affirmed by the State Commission, restored: Rs.18 lakh with 9% annual interest from institution of the complaint. No costs.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 44.