Supreme Court of India · 2009-05-08
NATIONAL INSURANCE CO.LTD. vs J.MAHESHWARAMMA
- Citation / case number
- SC 2007/29115
- Court
- Supreme Court of India
- Petitioner
- NATIONAL INSURANCE CO.LTD.
- Respondent
- J.MAHESHWARAMMA
- Author
- GANGULY
Judgment text excerpt
The Supreme Court upheld the findings of the District Forum and the State Commission, emphasizing that under the Consumer Protection Act, the burden of proof lies with the insurance company to establish any breach of policy conditions by the insured. The Court referenced Section 2(1)(d) of the Consumer Protection Act, stating that the insurer must prove willful breach of the insurance contract. The appeal was dismissed, affirming the right of the complainant to claim the insurance amount due to the accidental death of the insured.