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march 2000

Supreme Court of India · 2000-03-07

NEW INDIA ASSURANCE CO.LTD. vs RULA

Citation / case number
SC 1999/2737
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO.LTD.
Respondent
RULA
Author
S.S.AHMAD R.P.SETHI
Bench
S.S.AHMAD R.P.SETHI

Judgment text excerpt

The Supreme Court held that under Section 64-VB of the Insurance Act, 1938, an insurance policy is valid even if the premium is not paid in advance, as the insurer can waive such a condition. The court emphasized that a contract of insurance is formed by offer and acceptance, and the dishonor of a cheque does not automatically invalidate the contract if the insurer has not expressly canceled the policy. The appeals against the Motor Accident Claims Tribunal's awards were dismissed, affirming the compensation granted to the claimants.

NEW INDIA ASSURANCE CO.LTD. vs RULA · Niyam