plaintiff no.2. The plaintiff no.1, therefore, had no insurable interest in the
consignment on that date and was not entitled to insure ... subject to the terms and conditions of the policy besides the
insurable interest of the persons taking the policy at the time of the
insurance
order to sustain a claim for marine insurance the
insured must possess requisite insurable interest in the goods at the
relevant point of time ... respect thereof.
8. When interest must attach.-(1) The assured must be interested in
the subject-matter insured at the time of the loss, though
insured
in event of the insured suffering loss due to any peril, the
principles of insurance contract is based on the principle of
insurable interest ... insured had sold the subject vehicle and was no longer
deemed to be insured for the purposes of insured contract and
therefore the insurer
plaintiff No. 1 had no insurable interest in the vehicle after the
sale on 25.05.2022. Moreover, the plaintiffs failed to transfer the
ownership ... sold by plaintiff No.1, he does not have any insurable interest as per the
provisions of GR 17 of Indian Motor Tariffs and Section
necessarily even strictly be title and
interest in the object insured. Insurable interest
qua a vehicle policy is such interest in the subject
matter ... insured vehicle. The defendant
has not been able to point out any clause in the insurance policy which
required the insured to intimate the insurer
name of Sh. Amar Deep, but
insured was having no insurable interest in the policy. He
further deposed that registration certificate, permit and
fitness ... that the vehicle in whose name it
is insured, always have any insurable interest in the said
policy. He denied the suggestion, that the person
plaintiff (Chiranje Lal) is not
maintainable since he did not have insurable interest in the
Chiranje Lal vs IFFCO Tokio General Insurance Co. Ltd. Page ... vehicle to third party
and the plaintiff does not have any insurable interest in the
insured vehicle and plaintiff has violated the terms and
conditions
locus-standi to file the suit as he had no insurable interest.
It was also contended that the suit is not maintainable in view ... liable. Defendant no.1 has also contended that
there is no insurable interest in favour of the plaintiff. Defendant
no.2 has disclaimed its liability
Defendant's Case (Written Statement)
7) Lack of Privity and Insurable Interest: The Defendant-
Insurance Company contests the suit primarily on the
ground that ... buyer
has a proprietary interest (they own the car), they do not
have a contractual interest with the insurer unless the
policy is transferred. Under
other hand the
plaintiff no.1 had no insurable interest as he had sold his vehicle to the
plaintiff no.2 in the month ... earlier
policy was in continuance. Accordingly, it can be said insurable interest
for the said vehicle was in continuance. Thus, there is a privity
