VidhiSangh

Supreme Court of India · 07/02/2020

M/S RAJANKUMAR AND BROTHERS (IMPEX) versus ORIENTAL INSURANCE COMPANY LTD.

[2020] 6 S.C.R. 163 · 2020 INSC 146

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Summary

The Supreme Court upheld rejection of a marine cargo claim for breach of an express vessel-classification warranty. The insured’s ambiguous classification description did not establish compliance or provide prompt notice of noncompliance needed for extended cover. Issuing the policy and a general-average guarantee did not waive the breach: the insurer lacked knowledge when issuing the guarantee and withdrew it after discovering the defect. The vessel-age issue and intervenors’ separate claims were left undecided.

Issues

  1. Whether the vessel complied with the Institute Classification Clause or the insured qualified for extended cover.
  2. Whether policy terms or the insurer’s conduct waived the classification breach.

Provisions considered

Held

Result

Appeal dismissed and National Commission judgment confirmed. Intervenors relegated to lead evidence in their pending National Commission complaints, to be decided expeditiously on their merits under the stated law.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 163.