Supreme Court of India

National Insurance Co. Ltd. v. Sky Gems

Neutral citation
Reported as [2002] 1 S.C.R. 118
Bench D.P. Mohapatra J.
Decided 9 January 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the result, the buyer, after receipt of the documents, can claim against the ship for breach of the contract of carriage and against the underwriters for any loss covered by the policy.

Judgment, page 5

From the headnote

Insurance Claim Mode of payment-CIF contract-Consignor exported precious stones- Insurance cover procured-Insured value of consignments in terms of Pounds Sterling-But the premium paid in Indian currency-Consignment however, lost in transit-Claim filed against Insurance Company to pay in Pounds Sterling-National Commission allowed the claim-On appeal, held the title to the goods had not passed to the consignee as he could not produce any document of title-Therefore, consignor is not entitled to receive payment in Pounds sterling. Respondent-consignor exported parcels of precious stones to the

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