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february 2001

Supreme Court of India · 2001-02-20

NATIONAL INSURANCE CO. LTD. vs SEEMA MALHOTRA .

Citation / case number
SC 2000/450
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
SEEMA MALHOTRA .
Author
THOMAS
Bench
R.P. SETHI. K.T. THOMAS

Judgment text excerpt

The Supreme Court held that under Section 149 of the Motor Vehicles Act, 1988, an insurer is liable to third parties despite the dishonor of a cheque for the premium, as the liability was incurred prior to the cancellation of the policy. The Court emphasized that the insurer cannot repudiate the contract based solely on the dishonored cheque when the insured's death and the accident occurred before the policy was canceled. The Court upheld the High Court's decision that the insurer remains liable for the claim made by the legal heirs of the insured.

NATIONAL INSURANCE CO. LTD. vs SEEMA MALHOTRA . · Niyam