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may 2009

Supreme Court of India · 2009-05-08

National Insurance Co.Ltd vs J.Maheshwaramma

Citation / case number
AIR 2009 SC (SUPP) 1395
Court
Supreme Court of India
Petitioner
National Insurance Co.Ltd
Respondent
J.Maheshwaramma
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the findings of the District Forum and the State Commission, emphasizing that the burden of proof lies with the insurance company to establish any breach of policy conditions under the Consumer Protection Act. The Court reiterated the principle from National Insurance Co. Ltd. Vs. Swaran Singh (2004) 3 SCC 297, stating that the insurer must prove willful breach by the insured. The appeal was dismissed, affirming the validity of the insurance policy at the time of the accident despite the insurer's claims regarding the deceased's driving license.

National Insurance Co.Ltd vs J.Maheshwaramma · Niyam