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may 2009

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.

NATIONAL INSURANCE CO.LTD. vs J.MAHESHWARAMMA · Niyam