Supreme Court of India

United India Insurance Co. Ltd. v. M/s. Harchand Rai Chandan Lal

Neutral citation

Reported as [2004] SUPP. 4 S.C.R. 662

Bench S.N. Variava and A.K. Mathur JJ.

Decided 24 September 2004

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that theft should have preceded with force or violence as per the terms of insurance policy.

Judgment, page 13

From the headnote

Insurance: Insurance policy- "Burglary"-Jnsurance policy defined the word "burglary" as theft preceded by use of force or violence-During the currency of the insurance policy insured noticed that some bags of food grains were stolen-But Insurance company repudiated the claim of the insured as theft was not preceded by use of force or violence-However, Consumer Forums below allowed the claim of the insured and awarded compensation to him-Correctness of-Held: The insurance policy is a contract between the parties and they are bound by its terms-The element of force or violence is a condition

Authorities it was built on

1966 General Assurance Society Ltd. v. Chandumull Jain and Anr. cited by 19

Where later benches applied it

2013 The Rajasthan State Industrial Development and Investment Corporation & Anr. v. Diamond and Gem Development Corporation Ltd. & Anr. relied on
2022 Haris Marine Products v. Export Credit Guarantee Corporation (ecgc) Limited referred to
2021 Insurance Corporation of India and Another v. Sunita referred to
2020 Canara Bank v. M/s United India Insurance Co. Ltd. & Ors. referred to
2018 Oriental Insurance Company Limited v. M/s. Narbheram Power and Steel Pvt. Ltd. referred to
2016 United India Insurance Co. Ltd. v. Mis Orient Treasures Pvt. Ltd. referred to
2015 M/s. Bhs Industries v. Export Credit Guarantee Corp. &anr. referred to
2019 Bharat Watch Company through its Partner v. National Insurance Co. Ltd. through its Regional Manager distinguished

Of those, 1 relied on · 1 distinguished · 6 referred to

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