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Civil · Reportable judgment

National Insurance Company Ltd. vs Maya Devi & Ors.

Court
Supreme Court of India
Date
2 September 2024
Case No.
Civil Appeal No(s). 15016-15017 of 2024
Result
Dismissed
Bench
Sudhanshu Dhulia, Ahsanuddin Amanullah
Citation
[2024] 9 S.C.R. 999 : 2024 INSC 1050
Acts & Sections
CrPC Motor Vehicles Act, 1988
Supreme Court Reports [2024] 9 S.C.R. 999 : 2024 INSC 1050
Issue for consideration
Whether the insured vehicle was involved in the accident; whether the insurance policy granted by the insurance company covers the incident; whether the insurance policy was fraudulently obtained.
Headnote

Accident resulting in the death of R1 and R2 – Insured Vehicle involved in the accident – Witnesses’ accounts confirmed involvement – Confirmed by Final Report under S. 173, CrPC – Insurance Company could not disprove:

Held: Per the MACT award, various witnesses had stated that it was the vehicle described in the complaint that was involved in the accident – Final Report under Section 173 of CrPC also stated that the vehicle, as claimed by the complainants, was the one involved in the accident – The onus was on the Insurance Company to get the same disproved by either calling the Investigating Officer as a witness or by any other means, such as appropriate line of crossexamination, etc. to establish a factual position to the contrary – Admittedly, this was not done. [Paras 7, 8, 9] Liability of the Insurance Company – Insurance certificate/policy – Incident occurred on 11.04.2017 at 14:15 hrs – Insurance obtained at 15:54 hrs on 11.04.2017 – Coverage begins from the day of receipt of the Premium: Held: The MACT found that the premium was paid prior to the accident and it was because of the internal procedure that the policy was issued the next day – Court held that coverage under the policy began from the day the premium was received by the Insurance Company in light of the express terms of ‘Certificate of Insurance cum policy Schedule’ that provided ‘Date of commencement of risk: 11/04/2017’ – Since the incident occurred on 11.04.2017, the Court held that the vehicle was insured when the accident took place. [Paras 11, 12]

Insurance Company – Insurance was fraudulently obtained – Alleged fraud not proved by the Insurance Company: Held: Even though fraud vitiates everything, merely alleging fraud does not amount to proving it – The Insurance Company has not discharged its onus to prove the alleged fraud. [Paras 13, 16]

Keywords: MACT award · Insured vehicle · Accident · Final Report · Insurance certificate · Cross examination · Section 173 of CrPC · Certificate of Insurance cum policy Schedule · Date of commencement · Fraud · Onus to prove

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Harshit Anand, Hony. Associate Editor (Verified by: Shadan Farasat, Sr. Adv.) Quoted approvingly in Venture Global Engineering v Satyam Computer Services Limited (2010) 8 SCC 660.. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Ahsanuddin Amanullah, J. Leave granted. FACTS: 2. These appeals arise from the common Final Judgment and Order dated 05.10.2018 rendered by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in F.A.O. Nos.2921/2018 (O&M) and 2922/2018 (O&M) whereby, while dismissing the appeals preferred by the Petitioner-Insurance Company, the High Court upheld the compensation awarded to the claimants i.e., Respondents No.1 and 2 herein vide Award dated 01.02.2018 passed by the Motor Accidents Claim Tribunal at Gurdaspur, Punjab (hereinafter referred to as the ‘MACT’) in t
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