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United India Insurance Co.Ltd vs M/S.Harchand Rai Chandan Lal on 24 September, 2004

15. Submission of learned Advocate appearing on behalf of Insurance company that present matter falls within exclusion clause of Insurance policy and on this ground appeal filed by appellants be allowed is decided accordingly. There is no evidence on record in order to prove that exclusion clause mentioned in Insurance policy was communicated to insured in present matter. It is well settled laws that when exclusion clause mentioned in Insurance policy is not communicated to insured then Insurance company is not legally competent to take benefit of exclusion clause mentioned in Insurance policy. See 2019 (6) Supreme Court Cases 212 (DB) Apex Court titled Bharat Watch Company Limited through its partner Versus National Insurance Company Limited. See 2004(8) Supreme Court Cases 644 Apex Court titled United India Insurance Co. Ltd. Vs. Harchand Rai Chandan Lal. See. 2007 (III)) CPJ 34 NC titled National Insurance Company Ltd. Versus D.P. Jain. See 2000 (2) SCC 734 Modern Insulators Ltd. Versus Oriental Insurance Co. Ltd.
Supreme Court of India Cites 5 - Cited by 320 - A K Mathur - Full Document
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