In Brief
A shipping company sought insurance for a voyage from Mumbai to Kolkata and filed a consumer complaint after the insurer rejected its claim, citing a policy condition requiring the voyage to commence and complete before the monsoon season. The Supreme Court held that this condition could not be a valid ground for repudiation because it was impossible to perform—no route from Mumbai to Kolkata could avoid the monsoon period given the foul weather dates on both coasts. Since the insurer knew the voyage route and insurance period, the condition was an implied waiver. The Court set aside the NCDRC's dismissal and remanded the matter to reassess the claim on other grounds.
The lawyer headnote and full judgment text are available to registered users.