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february 2022

Supreme Court of India · 2022-02-11

JAINA CONSTRUCTION COMPANY vs ORIENTAL INSURANCE COMPANY LIMITED

Citation / case number
SC 2018/26033
Court
Supreme Court of India
Petitioner
JAINA CONSTRUCTION COMPANY
Respondent
ORIENTAL INSURANCE COMPANY LIMITED
Author
HON'BLE MR. JUSTICE SANJIV KHANNA
Bench
HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SANJIV KHANNA

Judgment text excerpt

The Supreme Court addressed whether an insurance company can reject a claim for vehicle theft solely due to a delay in reporting the incident. The court emphasized that while timely notification is important, it should not be the sole reason for repudiation if the insured can demonstrate that the delay did not prejudice the insurer's ability to investigate the claim. The appeal was allowed, reinstating the claim for the insured vehicle.

JAINA CONSTRUCTION COMPANY vs ORIENTAL INSURANCE COMPANY LIMITED · Niyam