VENUS JEWEL Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE construction of contract/insurance policy entered into between the parties assumes importance. It is a settled law that court should refrain from any interpretation which would result in injustice and absurdity, AIR 1963 SC 25. The question to be considered is not what was intended, but what has been said. We cannot amend or substitute anything in the contract, as per law laid down in Suraj Mal Ram Niwas Oil Mills (P) Ltd. Vs. United India Insurance Co. Ltd. & Anr., 2010 10 SCC 567, General Assurance Society Ltd. Vs. Chandmull Jain, 1966 ACJ 267 , Harchand Rai Chandan Lal s case, 2005 ACJ 570 .

(2.) THE complainant, Venus Jewel, has filed a complaint against the United India Insurance Co. Ltd., claiming Rs. 55,79,948/ - with interest @ 18% p.a., from 01.11.2000 till realization, besides costs.

(3.) THE complainant is a registered partnership firm which transacts the business of exporting diamonds. The complainant and its sister concern are insured with the United India Insurance Co. Ltd., the OP, under Jewellers' Block Policy, which is renewed from time to time. The alleged incident took place during the subsistence of the insurance policy from 31.03.1999 to 30.03.2000. The complainant has its Branch Office situated at Shivam Chambers, Khand Bazar, Varachha Road, Surat. The Branch Office had to send the goods to the complainant's office situated at Mumbai.