Supreme Court of India

United India Insurance Co. Ltd. v. Leisure Wear Exports Ltd.

Neutral citation
Reported as [2016] 4 S.C.R. 799
Bench Abhay Manohar Sapre and Ashok Bhushan JJ.
Decided 29 June 2016

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

We are of the considered opinion that in any event, the complaint filed by the respondent (insured) was maintainable and that the respondent had the locus to file the complaint against the appellant.

Judgment, page 9

From the headnote

Marine Insurance Act, 1963 - ss. 17 and 52 - Issuance of Open Marine Policy (Cargo) - To the consignor - Loss occurred to the consignee during subsistence of the policy - Consignee authorised the consignor to file claim for the loss - Complaints filed by the consignor-insured before State Consumer Commission making claims for the loss, in terms of the Po/icy - Insurer challenged maintainability of the complaint on the ground that the insured lost its locus to file the complaint having assigned the policy in favour of the consignee - State Commission as well as the National Consumer Commission

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