Supreme Court of India
Export Credit Guarantee Corpn. of India Ltd. v. M/s. Garg Sons International
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.
7 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that only two claims which are subject-matters in Civil Appeal Nos. 1547 and 1557 of 2004 deserve to be allowed.
Judgment, page 12
From the headnote
Insurance - Contract of Insurance - Interpretation of - Held: While construing the terms of a contract of insurance, the words used therein must be given paramount imporlance, and it is not open for the Courl to add, delete or substitute any words -Since upon issuance of an insurance policy, the insurer undertakes to indemnify the loss suffered by the insured on account of risks covered by the policy, its terms have to be strictly construed in order to determine the extent of the liability of the insurer - It is not permissible for the courl to substitute the terms of the contract itself,
Authorities it was built on
- 1999 Oriental Insurance Co. Ltd. v. Sony Cheriayan
- 2009 Vikram Greentech (i) Ltd. & Anr. v. New India Assurance Co. Ltd.
- 2004 Polymat India P. Ltd. and Anr. v. National Insurance Co. Ltd. and Ors.
- 2010 M/s. Sumitomo Heavy Industries Limited v. Oil & Natural Gas Company
- 2010 M/s Suraj Mal Ram Niwas Oil Mills (p.) Ltd. v. United India Insurance Co. Ltd. & Anr.
Where later benches applied it
- 2023 National Insurance Company Ltd. v. The Chief Electoral Officer & Ors.
- 2022 United India Insurance Co. Ltd v. Levis Strauss (india) Pvt. Ltd
- 2020 Sushilaben Indravadan Gandhi & Anr. v. The New India Assurance Company Limited & Ors.
- 2022 Haris Marine Products v. Export Credit Guarantee Corporation (ecgc) Limited
- 2021 Manmohan Nanda v. United India Assurance Co. Ltd. & Anr
- 2020 Allianz General Insurance Co Ltd & Anr v. The State of Madhya Pradesh
- 2016 United India Insurance Co. Ltd. v. Mis Orient Treasures Pvt. Ltd.
Of those, 3 relied on · 4 referred to
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