Supreme Court of India · 1960-05-04
THE VANGUARD FIRE AND GENERALINSURANCE CO. LTD., MADRAS vs M/S. FRASER AND ROSS AND ANOTHER.
- Citation / case number
- SC 1960/5
- Court
- Supreme Court of India
- Petitioner
- THE VANGUARD FIRE AND GENERALINSURANCE CO. LTD., MADRAS
- Respondent
- M/S. FRASER AND ROSS AND ANOTHER.
- Bench
- WANCHOO, K.N.
Judgment text excerpt
The Supreme Court held that the term 'insurer' in Section 33 of the Insurance Act, 1938 encompasses entities that have ceased operations, affirming that the Central Government retains jurisdiction to investigate such companies. The Court clarified that Section 2D applies to insurers who have closed all classes of business, and the phrase 'not otherwise provided for' pertains to all claims against the insurer. The Court ruled that the order for investigation was valid despite the company's closure, as it did not need to explicitly state the unsatisfied liabilities on its face.