VidhiSangh

Supreme Court of India · 18/05/2025

GOPAL DIKSHIT versus UNITED INDIA INSURANCE COMPANY LTD.

[2025] 7 S.C.R. 14 · 2025 INSC 731

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Summary

A householder's insurance claim for flood damage to his basement was repudiated on the ground that the loss was caused by seepage, a peril not named in the policy, and the NCDRC dismissed his complaint. The Court held, on the first survey report and the engineers' certificates, that the proximate cause was flooding from heavy rainfall and not seepage, rejected the unexplained second survey report as arbitrary, set aside the NCDRC order and remanded the matter solely for quantification of compensation.

Issues

  1. Whether the damage to the insured basement was caused by seepage of water (not a named peril) or by flooding due to heavy rainfall (a covered peril).
  2. Whether the insurer's second survey report, which reversed the first surveyor's finding on the cause of loss without explanation, could be relied upon to repudiate the claim.

Provisions considered

Held

Result

Appeal disposed of; the NCDRC's findings set aside and the matter remanded to the NCDRC for the limited purpose of determining the quantum of compensation payable under the policy terms and applicable law; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 14.