VidhiSangh

Supreme Court of India · 17/05/2023

NATIONAL INSURANCE COMPANY LTD. versus VEDIC RESORTS AND HOTELS PVT. LTD.

[2023] 7 S.C.R. 419 · 2023 INSC 545

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Summary

The Court dismissed the insurer’s appeal against an award for mob damage to a resort. Although armed offenders had sheltered there and weapons were recovered from the compound, the insurer did not establish that the resulting property damage arose from a malicious act by the insured within the relied-on exclusion. Nor did it give cogent grounds to reject the surveyor’s assessment. The compensation and interest award remained undisturbed.

Issues

  1. Whether the insurer proved that the mob damage fell within the policy’s malicious-act exclusion.
  2. Whether sufficient reasons justified departing from the surveyor’s report.
  3. How ambiguity and the burden of establishing an exclusion should be addressed.

Provisions considered

Held

Result

Insurer’s appeal dismissed. Award of Rs 202.216 lakh with 9% annual interest from six months after lodgment of the claim until payment remains undisturbed.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 419.