AIROnline 2023 SC 422 ::AIR 2023 SC (Civ) 2073

Supreme Court Of India

Hon'ble Judge(s): Ajay Rastogi, Bela M. Trivedi , JJ

Insurance Act (4 of 1938) , Preamble, S.45— Building insurance policies - Repudiation of claims - Validity - Plea of insurance company that as loss was outcome of malicious act, subject claims were excluded from insurance policies - However, Insurance Company failed to discharge its burden of bringing case within exclusionary clause of the policies -Also, Final Survey Report opined that loss had occurred due to insured peril and claims were admissible - Though Survey Report is not final word, insurance company did not provide reasons for disbelieving same - Repudiation of claims, invalid - Order of NCDRC holding the claim admissible, proper. (Para 17)