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Kokkilagadda Subba Rao v. Divisional Manager, United India Assurance Co. Ltd. and others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5822 of 2006)Decided 16 Apr 2014
Civil Appeal No. 5822 of 2006
Justice Gyan Sudha Misra · Justice Madan B. Lokur

Background

Subba Rao claimed ₹6 lakh after his insured fishing boat capsized. The insurer's first survey suggested total loss, but a later survey found that the boat had operated beyond permitted waters and sunk off Odisha. Both consumer commissions upheld rejection of the claim because the activity fell outside the policy conditions.

Decision Breakdown

The Supreme Court dismissed the owner's appeal and left the refusal of compensation intact. It declined to disturb the concurrent findings that the boat had fished in the high seas and sunk in Odisha waters contrary to the policy. The new argument that the insurer lacked power to commission a second survey had not been raised before either commission. Because that challenge required factual examination and evidence absent from the earlier proceedings, the Court would not decide it for the first time on appeal. It therefore made no general ruling on the legality of second surveys.

Lesson Learnt

Coverage depended on the fishing limits in the policy, not simply on whether the boat sank during its term. A factual objection to the survey procedure needed to be raised and supported in the original proceedings.

Official source (sci.gov.in)View Judgment (PDF)

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