M/S.MODERN INSULATORS LTD vs THE ORIENTAL INSURANCE CO. LTD. — C.A. No. 6895/1997
Case under Section I-B. Status: 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
Petitioner(s)
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1.M/S.MODERN INSULATORS LTD
Adv. RAJEEV SHARMA (Dead / Retired / Elevated)
Respondent(s)
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1.THE ORIENTAL INSURANCE CO. LTD.
Adv. R. D. UPADHYAY (Dead / Retired / Elevated)
Case History
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Case disposedDisposed
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22-Feb-2000
Judgment - of Main CaseView PDF
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07-Apr-1997
Case filed
Registration No. C.A. No. 6895/1997
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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