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december 1997

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.

ORIENTAL INSURANCE CO. LTD. vs SUNITA RATHI & ORS. · Niyam