from the said judgment :
"B. Rule of contra proferentem
19. It is entrenched in our jurisprudence that an ambiguous term in an
insurance contract ... assured and
the contract is likely to be construed contra proferentem that is against the
company in case of ambiguity or doubt. ... (I)n interpreting
from the said judgment :
"B. Rule of contra proferentem
19. It is entrenched in our jurisprudence that an ambiguous term in an
insurance contract ... assured and
the contract is likely to be construed contra proferentem that is against the
company in case of ambiguity or doubt. ... (I)n interpreting
from the said judgment :
"B. Rule of contra proferentem
19. It is entrenched in our jurisprudence that an ambiguous term in an
insurance contract ... assured and
the contract is likely to be construed contra proferentem that is against the
company in case of ambiguity or doubt. ... (I)n interpreting
favour of
the Insured by application of the doctrine of contra proferentem; That the
7 | Page
Opposite Parties failed to prove that the alleged misstatement ... this context, it is necessary
to place reliance on the contra proferentem rule...."
(Emphasis added)
13 | Pj3-g e
18. Consequently
their own way. This is settled law of 'principle of contra proferentem' that when any condition of policy is capable of two meanings ... against the party who has framed these conditions.
The principle of contra proferentem was recognized by the Honorable Supreme Court in judgement Manmohan Nanda versus
4769 OF 2022), the Apex Court said that the rule
of contra proferentem would not be applicable to a commercial
contract like a contract ... contention of learned Counsel for the
Appellant that Principle of Contra Proferentem is not applicable in
the case in hand is wrong and not justified
contract of insurance or doubt, it has to
be construed contra proferentem against the Insurance Company.
b) In Delhi Development Authority v. Durga Chand Kaushish ... Para 105) on the Contra
Profrentem rule as under :
"Contra proferentem rule. Where there is ambiguity in the policy the court will apply
assured and the contract is likely to be construed contra proferentem that is against the company
in case of ambiguity or doubt. A
contract
case of
ambiguity or doubt the policy needs to be construed contra proferentem i.e.
against the insurer. This is on the
assumption that Clauses
follows:
Then it was said that what is called contra proferentem rule should be applied and as the policy was in a standard form contract
