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LegalFirms.in Judgments · legalfirms.in/judgments/national-insurance-company-ltd-vs-vedic-resorts-and-hotels-pvt-ltd-20230517/ · Printed 07 Nov 2026
Civil · Reportable judgment

National Insurance Company Ltd. vs Vedic Resorts and Hotels Pvt. Ltd.

Court
Supreme Court of India
Date
17 May 2023
Case No.
Civil Appeal No. 4979 of 2019
Result
Dismissed
Bench
Ajay Rastogi, Bela M. Trivedi
Citation
[2023] 7 S.C.R. 419 : 2023 INSC 545
Supreme Court Reports [2023] 7 S.C.R. 419 : 2023 INSC 545
Headnote

Insurance – Repudiation of claim under exclusionary clause in a policy – Respondent-complainant running a resort obtained two insurance policies in respect of buildings of the Resort with plant and machine accessories and furniture etc. – As per respondent, a mob of about 200-250 persons entered the resort and damaged the property – Surveyor assessed the loss to the tune of Rs.202.216 lakhs – Appellant-insurance company had repudiated the claim of the respondent on the ground that the loss caused to the respondent was an outcome of the malicious act/acts on the part of the respondent management and it fell within the exclusions provided under Clause V(d) of the Insurance Policy – Appellant-Insurance Company had relied upon the incident which had taken place at the football match ground, where a accused person and his associates had fired and caused death of one person and injured others, and thereafter they had taken shelter at the resort of the respondent – National Commission allowed the complaint filed by the respondent herein, and directed the appellant to pay a sum of Rs. 202.216 lakhs to the complainant along with interest – On appeal, held: There is hardly any material to show that the entire incident and the resultant damage to the insured property was caused as a result of the malicious act of the respondent-complainant – In the instant case, the appellant-Insurance Company had failed to discharge its burden of bringing the case within the exclusionary clause V(d) of the policies in question – Appellant-Insurance Company has failed to make out any such cogent reason for not accepting the surveyor’s Report – Consumer Protection Act, 1986. Insurance – Exclusionary clause in a policy – Held: It is trite to say that wherever there is an exclusionary clause is contained in a policy, it would be for the insurer to show that the case falls within the purview of such clause – In case of ambiguity, the contract of insurance has to be construed in favour of the insured. General Assurance Society Ltd. v. Chandumull Jain and Anr. AIR 1966 SC 1644 : [1966] SCR 500 – followed. National Insurance Company Limited v. Ishar Das Madan Lal (2007) 4 SCC 105 : [2007] 2 SCR 1014 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by BELA M. TRIVEDI, J. 1. The aggrieved appellant-Insurance Company has filed the present appeal under Section 23 of the Consumer Protection Act, 1986 (hereinafter referred to as the said Act) challenging the judgment and order dated 07.01.2019 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the “National Commission”) in Consumer Complaint No. 227 of 2012, whereby the Commission has allowed the complaint filed by the complainant (respondent herein), and directed the appellant to pay a sum of Rs. 202.
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