M/S.MODERN INSULATORS LTD vs THE ORIENTAL INSURANCE CO. LTD. — C.A. No. 6895/1997

Case under Section I-B. Status: Disposed.

Disposed

CNR: SCIN010062761997

Filing Date

07-Apr-1997

Registration No

C.A. No. 6895/1997

Diary Number

6276/1997

Order Date

22-Feb-2000

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Last updated 03-Jun-2026

Acts & Sections

Section I-B

Petitioner(s)

  1. 1.M/S.MODERN INSULATORS LTD

    Adv. RAJEEV SHARMA (Dead / Retired / Elevated)

Respondent(s)

  1. 1.THE ORIENTAL INSURANCE CO. LTD.

    Adv. R. D. UPADHYAY (Dead / Retired / Elevated)

Case History

  1. Case disposedDisposed

  2. 22-Feb-2000

    Judgment - of Main CaseView PDF

  3. 07-Apr-1997

    Case filed

    Registration No. C.A. No. 6895/1997

casestatus.in Summary

Case Summary: M/S Modern Insulators Ltd v. The Oriental Insurance Co. Ltd (2000) The Supreme Court allowed Modern Insulators' appeal, holding that Oriental Insurance could not rely on an exclusion clause that was never communicated to the insured. The Court found that only a cover note and policy schedule were provided, while the exclusion clause (which would have denied coverage for used kiln furniture) was not disclosed, violating principles of utmost good faith in insurance law. The Court also ruled that the National Commission erred in accepting a new ground of appeal (alleging policy violation) that had not been pleaded before the State Commission, restoring the State Commission's judgment requiring payment of Rs. 4,66,873 with 18% interest. This case analysis is maintained by casestatus.in based on publicly available court records.

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