insurance sector judiciary-2

Insurance company liable only in respect of passengers for whom insurance taken or can be taken

National Insurance Co. Ltd. Vs Anjana Shyam & Ors (Supreme Court of India)

National Insurance Co. Ltd. Vs Anjana Shyam & Ors (Supreme Court of India) Supreme Court HELD THAT – ‘Insurance company can be made liable only in respect of the number of passengers for whom insurance can be taken under the Motor Vehicles Act and for whom insurance has been taken as a fact and not in […]...

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SC deprecates practice of Insurance Companies to deny genuine & lawful claims of Insured on technical & flimsy grounds

Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India)

Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India) It is common knowledge that the Insurance Companies deny the genuine & lawful claims of the Insured on technical & flimsy grounds. Be it vehicle loss/accidental claims or health insurance claims or theft/fire claims, the insurance companies desig...

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Insurance company must communicate insurance policy details to policyholder: SC

Anju Kalsi Vs HDFC Ergo General Insurance Company Limited and Another (Supreme Court of India)

SC held that It is duty of insurance company to communicate details of terms and conditions of insurance policy to the beneficiaries of insurance....

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Insurance Company to Pay Compensation despite Driver Not Having Valid License

Thanikodi Vs Parameswari (Madras High Court)

Thanikodi Vs Parameswari (Madras High Court) The learned counsel for the appellant would contend that though the driver of the offending vehicle does not posses driving licence, the insurance company cannot be exonerated from the liability and they have to pay and recover and relied upon the National Insurance Company Limited vs. Swaran S...

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Third Party Insurance is deemed to be Transferred in Case of Hire Agreement

Uttar Pradesh State Road Transport Corporation Vs National Insurance Co. Ltd. (Supreme Court of India)

SC Held That (Motor Vehicles Act ,1988) - Third Party Insurance deemed to be transferred along with effective control over vehicle in a Hire Agreement....

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Any Change in Terms & Conditions of Insurance Should be Intimated to Insured at the Time of Renewal: SC

Jacob Punnen Vs United India Insurance Co. Ltd. (Supreme Court of India)

An insurance company has obligation and duty to intimate the insured at the time of renewal of exiting insurance polices ,if there is any change in the terms and conditions of insurance. It is generally assumed that renewal of an insurance policy will be held on the basis of terms and conditions contains in the old insurance policy and th...

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Insurance Claim Against Unregistered Vehicles Not Payable: SC

United India Insurance Co. Ltd. Vs Sushil Kumar Godara (Supreme Court of India)

Registration of a Vehicles according to the provisions of Section 39 of MVA ,1988 is mandatory and a person without valid registration is not allowed to drive vehicle at public place. Use of a vehicle without proper registration number is a violation of terms and conditions of an insurance policy and hence any claim, whether it was of the...

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NCDRC cannot Direct to Amend Pleadings: SC

Acme Cleantech Solutions Private Limited Vs. M/s United India Insurance Company Limited & Anr (Supreme Court)

We hold that the appellant could not have been directed to amend the complaint to challenge the repudiation of the contract of insurance. The appellant has stated that it does not wish to do so....

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Insurance claim cannot be denied merely for alleged involvement of Person Insured in Multiple Motor Accidents

Divisional Manager, National Insurance Co. Ltd. Vs Sunil Majhi (Orissa High Court)

Divisional Manager, National Insurance Co. Ltd. Vs Sunil Majhi (Orissa High Court) HC held that no logic is there in the contention of the Appellant that because the accused is involved in more than one accident at different points of time, the claim of compensation contemplated under Sec.166 of the M.V. Act would be nullified […]...

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Apex Court Once Again Reiterated -Principle of Good Faiths

Reliance Life Insurance Co Ltd Vs Rekhaben Nareshbhai Rathod (Supreme Court of India)

The Supreme Court of India has once again reiterated one of the foundational principles of Insurance Law : non-disclosure of material information by an Insured at the time of entering into a contract of insurance would entitle a prudent Insurer to repudiate a claim made under the underlying policy on such ground....

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