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april 2009

Supreme Court of India · 2009-04-02

Oriental Insurance Co.Ltd vs Porselvi & Anr

Citation / case number
AIRONLINE 2009 SC 223
Court
Supreme Court of India
Petitioner
Oriental Insurance Co.Ltd
Respondent
Porselvi & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court set aside the Allahabad High Court's dismissal of the appeal under Section 173 of the Motor Vehicle Act, 1988, regarding the effective date of an insurance policy. The Court held that when a policy specifies an effective date, it becomes operative from that date, not from the previous midnight, as established in New India Assurance Co. Ltd. v. Sita Bai and other precedents. The matter was remitted for fresh consideration by the High Court, emphasizing the need to consider the specific terms of the insurance contract.

Oriental Insurance Co.Ltd vs Porselvi & Anr · Niyam