Oriental Insurance Company Limited v. Malana Power Company Ltd.

Civil Appeal · 2021 INSC 729Decided 15 Nov 2021
Civil Appeal No. 5132 of 2019
Justice R. Subhash Reddy · Justice Hrishikesh Roy

Background

The respondent, which runs a hydro power project, had purchased a "Special Contingency Policy" from the appellant insurance company to cover losses from reduced power generation due to poor hydrology (water flow). When actual power generation fell short, the respondent claimed over Rs. 4.68 crore under the policy. The insurer refused to pay, accusing the respondent of having fraudulently concealed hydrology data from a previous year's policy with a different insurer when it obtained the new policy. The National Consumer Disputes Redressal Commission ruled in the respondent's favour, and the insurer appealed to the Supreme Court.

Decision Breakdown

The Supreme Court examined the facts and found that the new policy had in fact been issued on essentially the same terms as the respondent's earlier policy with its previous insurer (merely with higher coverage), and that the appellant insurance company was aware of this earlier policy before issuing its own. The Court held that there was no suppression or non-disclosure: the appellant never actually asked for the old hydrology data, and when the policy was later cancelled, the insurer's own cancellation notice cited only the inability to secure reinsurance, not any suspicion of fraud. The Court also rejected the insurer's reliance on a precedent involving undisclosed prior claims, distinguishing it because here the earlier policy itself (not a hidden claim) was known to the insurer. The appeal was dismissed, and the insurer was ordered to pay the balance of the awarded amount within three months.

Lesson Learnt

An insurer cannot refuse to honour a valid claim by alleging "suppression of facts" if the insurer itself was aware of the relevant prior information when it issued the policy and never asked for further details: the burden is on the insurer to show genuine concealment, not just assert it after a claim becomes inconvenient.

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