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july 2013

Supreme Court of India · 2013-07-09

NATIONAL INSURANCE CO. LTD. vs BALKAR RAM .

Citation / case number
SC 2005/1027
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
BALKAR RAM .
Author
KURIAN JOSEPH GYAN SUDHA MISRA
Bench
KURIAN JOSEPH GYAN SUDHA MISRA

Judgment text excerpt

The Supreme Court dismissed the appeal by National Insurance Co. Ltd., affirming the High Court's decision that the insurance company was liable to pay compensation despite the dishonour of the cheque prior to the accident. The Court cited the precedent in United India Insurance Co. Ltd. Vs. Laxmamma, establishing that if the intimation of dishonour is communicated after the accident, the insurance remains valid. The Court held that the insurance policy was effective as the policyholder was not informed of the dishonour until after the accident occurred.

NATIONAL INSURANCE CO. LTD. vs BALKAR RAM . · Niyam