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december 1997

Supreme Court of India · 1997-12-08

ORIENTAL INSURANCE CO. LTD vs INDERJIT KAUR .

Citation / case number
SC 1994/72384
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO. LTD
Respondent
INDERJIT KAUR .
Author
BHARUCHA
Bench
CJI,S.P. BHARUCHA,S.C. SEN

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 64-VB of the Insurance Act, 1938, which mandates that no insurer can assume risk unless the premium is received in advance. The Court held that the dishonor of the premium cheque prior to the accident meant that the insurer was not liable for the claim. The Motor Accident Claims Tribunal's decision to award compensation was overturned, affirming that the insurer had no risk coverage at the time of the accident due to non-payment of the premium.

ORIENTAL INSURANCE CO. LTD vs INDERJIT KAUR . · Niyam