Supreme Court of India · 1997-12-04
ORIENTAL INSURANCE CO. LTD. vs SUNITA RATHI & ORS.
- Citation / case number
- SC 1997/62061
- Court
- Supreme Court of India
- Petitioner
- ORIENTAL INSURANCE CO. LTD.
- Respondent
- SUNITA RATHI & ORS.
- Author
- A.P. MISRA S.P. BHARUCHA
- Bench
- A.P. MISRA S.P. BHARUCHA
Judgment text excerpt
The Supreme Court held that the insurer is not liable for the accident that occurred at 2:20 PM on December 10, 1991, as the insurance policy was issued at 2:55 PM on the same day, with the effective date explicitly stated as 2:55 PM. The Court distinguished the case from New India Assurance Co. Ltd. Vs. Ram Dayal & Ors., where the time of policy issuance was not specified. The Court concluded that the liability rests with the owner of the vehicle, as the High Court's assumption of the insurer's liability was erroneous.