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december 2008

Supreme Court of India · 2008-12-02

UNITED INDIA INSURANCE CO. LTD. vs SANTRO DEVI .

Citation / case number
SC 2005/29248
Court
Supreme Court of India
Petitioner
UNITED INDIA INSURANCE CO. LTD.
Respondent
SANTRO DEVI .
Author
S.B. Sinha
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court held that the insurance contract for the truck owned by Atma Ram Sharma, who died in 1991, was void due to non-transfer of ownership and renewal of the policy in his name posthumously. The Court emphasized that under the Indian Contract Act, 1872, a contract cannot be made in favor of a deceased person, thus the insurance company was not liable to indemnify the claim for compensation under the Workmen’s Compensation Act, 1923. The appeal by the insurance company against the compensation order was dismissed, affirming the lower court's ruling that the insurance policy was not enforceable.

UNITED INDIA INSURANCE CO. LTD. vs SANTRO DEVI . · Niyam