AIROnline 2025 SC 222

Supreme Court Of India

(From : National Consumer Disputes Redressal Commission)

Hon'ble Judge(s): B. V. Nagarathna, Satish Chandra Sharma , JJ

Marine Insurance Act (11 of 1963) , S.44— Consumer Protection Act (35 of 2019) , S.2(6)(d)— Marine insurance - Repudiation of insurance claim - Breach of special condition - Policy was taken for a period from 16.05.2013 to 15.06.2013 to cover voyage from Mumbai to Kolkata - As per DGS Circular, foul weather commences on 1st May itself on East Coast - Only logical conclusion was that insurance was availed to cover foul weather period along west and east coast - Special condition could not be treated as a condition precedent to waive any liability under policy - Same was impliedly waived by parties due to its non-material nature - Policy being capable of literal interpretation, rule of contra proferentem could not be applied - Respondent was not entitled to repudiate claim of appellant on ground of breach of special condition Doctrines - contra Proferentem - Applicability (Para 15 16 17 18 20) .....