SOHOM SHIPPING PVT. LTD.
Vs.
M/S. THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER
( Before : B. V. Nagarathna and Satish Chandra Sharma, JJ. )
Civil Appeal No. 2323 of 2021
Decided on : 07-04-2025
Insurance Law — Marine Insurance — Special Condition — “Voyage should commence & complete before monsoon sets in” — Implied Waiver / Non-Materiality — Where a marine insurance policy covers a voyage (Mumbai to Kolkata) for a specific period (16.05.2013 to 15.06.2013) which overlaps with the officially defined monsoon/foul weather season (commencing 1st May East Coast / 1st June West Coast), a special condition requiring the voyage to both commence and complete before the monsoon sets in is deemed non-material or impliedly waived by the insurer — This is because: (i) the insurer, knowing the voyage details and policy period, knew or ought to have known the voyage would occur during the monsoon; and (ii) strict interpretation leads to absurdity, potentially rendering the insurance cover illusory if a peril prevents timely completion.
