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july 2009

Supreme Court of India · 2009-07-10

Satwant Kaur Sandhu vs New India Assurance Company Ltd

Citation / case number
2009 AIR SCW 7213
Court
Supreme Court of India
Petitioner
Satwant Kaur Sandhu
Respondent
New India Assurance Company Ltd
Author
D.K. Jain
Bench
R.M. Lodha, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the decision of the National Consumer Disputes Redressal Commission, affirming the repudiation of the appellant's claim under the mediclaim policy due to non-disclosure of pre-existing medical conditions, specifically chronic renal failure and diabetes, which were material facts. The Court emphasized that under the Consumer Protection Act, 1986, the insured's duty to disclose such conditions is paramount, and failure to do so justifies the insurer's decision to deny the claim. The appeal was dismissed, confirming the lower courts' findings regarding deficiency in service.

Satwant Kaur Sandhu vs New India Assurance Company Ltd · Niyam