VidhiSangh

Supreme Court of India · 08/08/2023

M/S. ISNAR AQUA FARMS versus UNITED INDIA INSURANCE CO. LTD.

[2023] 11 S.C.R. 76 · 2023 INSC 680

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Summary

The Court enhanced the indemnity for mass mortality of insured prawns by applying the policy’s loss-valuation methods to the State Fisheries Department’s certificate. The insurer could not disregard an independent certificate required by its own policy merely because it was adverse to its interests. The lowest contractual valuation was payable, with the unpaid balance carrying 10% simple interest from the complaint date.

Issues

  1. Which evidence and contractual valuation method governed quantification after remand.
  2. Whether the insurer could reject the Fisheries Department certificate required by its policy.
  3. What balance and interest remained payable.

Provisions considered

Held

Result

Appeal disposed of with enhanced indemnity. Insurer to remit Rs 45,18,263.20 plus 10% simple interest from the complaint date to realisation within six weeks. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 76.