VidhiSangh

Supreme Court of India · 16/05/2024

UNITED INDIA INSURANCE CO. LTD. versus M/S HYUNDAI ENGINEERING & CONSTRUCTION CO. LTD. & ORS.

[2024] 6 S.C.R. 355 · 2024 INSC 431

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

Summary

The insurer established the applicable exclusion in a contractor’s all-risk policy through the unrebutted surveyor evidence and the government-appointed Expert Committee’s findings on the bridge collapse. Contrary reports were not proved through their authors and were theoretical rather than site-based. Continued engagement of the contractors did not negate the exclusion. The consumer award was set aside; the Court declined to relegate the dispute to a civil suit.

Issues

  1. Who bears the burden of establishing an insurance exclusion.
  2. Whether the technical evidence established excluded loss.
  3. Whether unproved contrary reports or continuation of the construction contract defeated repudiation.
  4. Whether the consumer forum should have declined the technically complex dispute.

Held

Result

Insurer’s appeal allowed; NCDRC’s order allowing the insurance claim set aside. No order as to costs.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 355.