Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Insurance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Insurance: Insurance policy – Construction of – Held: Terms of insurance policy have to be strictly construed – It is not permissible to rewrite the contract while interpreting the terms of the Policy – In a contract of insurance there was a requirement of Uberrima fides-good faith on the part of the assured – On facts, condition of the Policy clearly stipulated that the policy has to be in force when the accident takes place – Policy was lying in a lapsed condition and was not in force on the date of accident – It was sought to be revived after the accident and that too without disclosing the fact of accident which took place three days before – Thus, the complainant did not come with clean hands to claim the extra Accident benefit of the policy – The said Accident benefit could have been claimed and availed of only if the accident had taken place subsequent to the renewal of the policy – Claim for Accident benefit was not payable to the respondent as per the conditions of the contract of insurance – Thus, the claim for extra Accident benefit rightly rejected by the Corporation – Consumer Protection Act, 1986. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2021 INSC 704 |
Petitioner | Insurance Corporation Of India And Another |
Respondent | Sunita |
SCR | [2021] 10 S.C.R. 180 |
Judgement Date | 2021-10-29 |
Case Number | 6537 |
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