Claim must be allowed to be resisted, on the ground of fraud now alleged by Insurance Company

Last updated: 09 May 2023

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Quick Summary

The Supreme Court has ruled that an insurance company must be allowed to resist a claim if new evidence of fraud comes to light after an award has been made. In this case, the company discovered evidence suggesting the claimants' injuries were sustained in a different accident than originally claimed. The court found that denying the company an opportunity to prove fraud would lead to a miscarriage of justice, setting aside previous awards and remitting the case for a fresh hearing.

Court :
Supreme Court of India

Brief :
The claim must be allowed to be resisted, on the ground of fraud now alleged by the Insurance Company. If we fail to afford to the Insurance Company an opportunity to substantiate their contentions it might certainly lead to serious miscarriage of justice.

Citation :
UNITED INDIA INSURANCE CO. LTD VS RAJENDRA SINGH & ORS

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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