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.