VidhiSangh

Supreme Court of India · 12/02/2020

ORIENTAL INSURANCE CO. LTD. versus NATIONAL BULK HANDLING CORPORATION PVT. LTD.

[2020] 3 S.C.R. 757 · 2020 INSC 175

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Summary

The Supreme Court upheld a fidelity-guarantee insurance award for mentha oil replaced with water in 601 stored barrels. The insurer’s survey and the other material established employee and contract-staff involvement; intact seals did not defeat the laboratory-confirmed substitution. Notification followed completion of sampling and receipt of the investigation report, so the alleged delay did not breach the policy on these facts.

Issues

  1. Whether the material established employee involvement bringing the loss within fidelity-guarantee cover.
  2. Whether the claim was notified late in breach of the policy.

Held

Result

Insurer’s appeal dismissed without costs. National Commission’s award of Rs 3,46,87,113 for the mentha-oil loss, with 9% annual interest commencing six months after lodgement of the claim until payment, left undisturbed.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 757.