VidhiSangh

Supreme Court of India · 24/04/2020

ALLIANZ GENERAL INSURANCE CO LTD & ANR versus THE STATE OF MADHYA PRADESH

[2020] 6 S.C.R. 198 · 2020 INSC 358

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Summary

Transit insurance for a helicopter shipped in knocked-down condition did not continue while it was retained and assembled in Delhi for flight to Bhopal. That decision changed the insured subject matter and exceeded the ordinary course of transit; naming Bhopal as destination did not override termination terms. The insured also failed to prove that the tail-boom damage occurred during covered transit. The compensation orders were set aside and the complaint dismissed.

Issues

  1. Whether assembly and retention for flight fell within the ordinary course of insured transit.
  2. Whether naming Bhopal as destination preserved cover despite termination clauses.
  3. Whether the insured proved damage during the insured period.

Provisions considered

Held

Result

Insurer’s appeals allowed; National and State Commission orders set aside and consumer complaint dismissed. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 198.