VidhiSangh

Supreme Court of India · 02/05/2022

NARSINGH ISPAT LTD versus ORIENTAL INSURANCE COMPANY LTD. & ANR.

[2022] 3 S.C.R. 151 · 2022 INSC 502

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Summary

An insurer rejected a factory-damage claim arising from an armed mob attack by invoking the policy’s terrorism exclusion. The Court held that the insurer had not established the political, religious, ideological or similar purpose required by the contractual definition. It restored the complaint for determination of quantum, directed a provisional deposit of Rs.89 lakh and left withdrawal to the Commission’s decision.

Issues

  1. Whether the armed attack fell within the policy’s definition of terrorism so as to exclude cover.
  2. What relief should follow when the exclusion failed but the payable amount remained unadjudicated.

Held

Result

Appeal allowed without costs. The Commission’s dismissal set aside and the complaint restored, permitting further evidence and requesting final disposal within four months. The insurer must deposit Rs.89 lakh within one month in an interest-bearing account with auto-renewal. The insured may apply for withdrawal, to be decided on merits; final quantum expressly left open.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 151.