CIVIL APPEAL NO. 2052 OF 2016
In the case at hand, in terms of the policy, the burglary/theft is not an exclusion under the specified peril “Fire”. Even, the general exclusions to the policy do not cover theft which precedes the insured peril as an exclusion and the said exclusion is only provided under the RSMD clause. It is a trite law that the exclusions in the contract for insurance must be read strictly and, therefore, the exclusion provided under the RSMD clause would not oust the liability of the insurer when the loss or damage is attributable to the peril of fire which has its independent exclusions.
“In view of the above discussion, we are of the view that there is no justification for the Respondent to repudiate the claim of the Appellant and the NCDRC had erred in not rectifying the mistake and to reject the claim.”
Link to the judgement : https://api.sci.gov.in/supremecourt/2016/5494/5494_2016_3_1501_67009_Judgement_16-Dec-2025.pdf