Supreme Court of India
Insurance Corporation of India and Another v. Sunita
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
Resultantly, the claim over Accident benefit was not payable to the respondent as per the conditions of the contract of insurance.
Judgment, page 8
From the 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…
Authorities it was built on
- 1966 General Assurance Society Ltd. v. Chandumull Jain and Anr.
- 1999 Oriental Insurance Co. Ltd. v. Sony Cheriayan
- 2004 United India Insurance Co. Ltd. v. M/s. Harchand Rai Chandan Lal
- 2009 Vikram Greentech (i) Ltd. & Anr. v. New India Assurance Co. Ltd.
- 2008 Life Insurance Corporation of India v. Jaya Chandel
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