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august 2009

Supreme Court of India · 2009-08-31

NATIONAL INSURANCE CO.LTD. vs PARVATHNENI & ANR.

Citation / case number
SC 2009/70902
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO.LTD.
Respondent
PARVATHNENI & ANR.
Bench
MARKANDEY KATJU, ASOK KUMAR GANGULY

Judgment text excerpt

The Supreme Court condoned a delay of 65 days in filing the Special Leave Petition and stayed the operation of the impugned order. The Court addressed the issue of whether an insurance company can be compelled to pay compensation when it claims no liability due to dishonored premium payment, referencing Article 142 of the Constitution of India. The Court expressed reservations about previous rulings that mandated payment despite lack of liability and directed that the matter be referred to a larger bench for clarification on the scope of Article 142 in such cases.

NATIONAL INSURANCE CO.LTD. vs PARVATHNENI & ANR. · Niyam