VidhiSangh

Supreme Court of India · 10/01/2018

I. C. SHARMA versus THE ORIENTAL INSURANCE CO. LTD.

[2018] 1 S.C.R. 571 · 2018 INSC 19

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Summary

A householder disputed reductions and rejection of burglary claims. The Court distinguished total loss of a covered group from partial loss for under-insurance averaging, allowed supported appliance and watch claims despite absent invoices under a consolidated-value policy, and enhanced compensation and interest.

Issues

  1. When under-insurance permits proportional averaging and whether missing purchase invoices justified rejecting supported household claims.

Held

Result

Appliances allowed at Rs.66,000, miscellaneous items at Rs.28,000, jewellery at Rs.1,00,500 and repairs at Rs.7,000; clothing subject to under-insurance and silver-cutlery claim rejected. Compensation and expenses fixed at Rs.25,000; interest 12% annually from 1 January 2009 until payment, with credit for amounts paid or deposited.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 571.