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august 2008

Supreme Court of India · 2008-08-29

NATIONAL INSURANCE CO. LTD. vs ABHAYSING PRATAPSING WAGHELA .

Citation / case number
SC 2006/25026
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
ABHAYSING PRATAPSING WAGHELA .
Author
S.B. Sinha
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court addressed the issue of whether a dishonoured cheque affects the validity of an insurance contract under Section 64VB of the Insurance Act. The Court held that despite the dishonour of the cheque, the acceptance of premium in cash subsequently validated the insurance contract, as a cover note had been issued. The Court upheld the decisions of the Motor Vehicle Accident Claims Tribunal and the High Court, confirming the insurer's obligation to reimburse the claim.

NATIONAL INSURANCE CO. LTD. vs ABHAYSING PRATAPSING WAGHELA . · Niyam