Justifiability of Insurance Claim Repudiation and Evidentiary Value of Surveyor Reports in Fire Claims

sketch of the Supreme Court of India
Case
M/S NEW INDIA ASSURANCE COMPANY LTD. v. M/S HEMKUND DUPLEX AND BOARD PVT. LTD. (Supreme Court of India, 21-09-2026)
Law
Insurance Act, Consumer Protection Act.

Highlights of the Judgment:

  • Analysis of an insurer's statutory right to repudiate fire insurance claims under policy conditions regarding false declarations.
  • Examination of the evidentiary weight and legal sanctity of surveyor and investigative reports under Section 64UM of the Insurance Act, 1938.
  • Supreme Court commentary on the NCDRC's erroneous approach in discarding expert surveyor findings without cogent reasoning.
  • Evaluation of suspicious circumstances, including delayed reporting to fire authorities and discrepancies between book stock and physical inventory.