VidhiSangh

Supreme Court of India · 30/01/2019

SUMIT KUMAR SAHA versus RELIANCE GENERAL INSURANCE COMPANY LTD.

[2019] 1 S.C.R. 763 · 2019 INSC 114

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Summary

For total loss of an insured excavator, the agreed sum insured was the starting value for indemnity, absent circumstances vitiating that agreement. The insurer could allow proper depreciation for use after the policy began, but could not reassess depreciation for the pre-policy period and disregard the agreed value. A 10% deduction for eleven months’ use supported restoration of the State Commission’s award.

Issues

  1. Whether an insurer could disregard the agreed sum insured by recalculating depreciation from purchase instead of the policy date.

Provisions considered

Held

Result

Appeal allowed; National Commission decision set aside and State Commission order restored: ₹41,90,940 with 8% annual interest from filing of the claim, ₹1 lakh compensation and ₹5,000 costs, with the State Commission’s 45-day compliance and 9% default-interest direction. No costs in the Supreme Court.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 763.