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july 2000

Supreme Court of India · 2000-07-20

National Insurance Company Ltd vs Mrs, Chinto Devi And Ors

Court
Supreme Court of India
Petitioner
National Insurance Company Ltd
Respondent
Mrs, Chinto Devi And Ors
Bench
A.P. Misra, N. Santosh Hegde

Judgment text excerpt

The Supreme Court held that an insurance policy issued on the same date as an accident does not automatically cover liabilities if the policy was issued after the accident occurred, unless explicitly stated otherwise in the policy. Citing the principles established in National Insurance Co. Ltd. v. Jikubhai Nathuji Dabhi and New India Assurance Co. v. Bhagwati Devi, the Court clarified that if a policy specifies a time of issuance, liability begins only from that time. The appeal by the Insurance Company was dismissed, affirming the Tribunal's decision that the policy did not cover the accident that occurred before the policy's effective time.

National Insurance Company Ltd vs Mrs, Chinto Devi And Ors · Niyam