Supreme Court of India · 1962-04-12
HINDUSTAN IDEAL INSURANCE CO. LTD. vs LIFE INSURANCE CORPORATION OF INDIA
- Citation / case number
- SC 1960/120
- Court
- Supreme Court of India
- Petitioner
- HINDUSTAN IDEAL INSURANCE CO. LTD.
- Respondent
- LIFE INSURANCE CORPORATION OF INDIA
- Bench
- SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that under Section 16(2) of the Life Insurance Corporation Act, 1956, it is obligatory for the Central Government to prescribe a specific period within which an insurer must move the Corporation for a reference to the tribunal. The Court clarified that the insurer cannot directly approach the tribunal but must first seek a reference from the Corporation, and that the absence of a prescribed period means the claim cannot be considered time-barred. The tribunal's dismissal of the application was thus set aside, allowing the insurer to move the Corporation once the period is prescribed.