VidhiSangh

Supreme Court of India · 24/01/2022

M/S SHIVRAM CHANDRA JAGARNATH COLD STORAGE & ANR. versus NEW INDIA ASSURANCE COMPANY LIMITED & ORS.

[2022] 2 S.C.R. 363 · 2022 INSC 86

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Summary

A cold-storage operator claimed insurance for deteriorated potatoes, but its contemporaneous statement and temperature logs showed that the policy’s temperature threshold had not been exceeded. The Court applied the clear exclusion and rejected reliance on an isolated passage of the surveyor’s report. The exclusion was neither ambiguous nor inconsistent with the policy’s main purpose. The appeal against dismissal of the consumer complaint was dismissed.

Issues

  1. Whether the stock-deterioration claim fell within the temperature exclusion.
  2. Whether the surveyor’s report or main-purpose approach justified departing from the exclusion.

Held

Result

Appeal dismissed; insurer’s repudiation and NCDRC rejection of the consumer complaint upheld.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 363.