VidhiSangh

Supreme Court of India · 21/02/2022

ANJU KALSI versus HDFC ERGO GENERAL INSURANCE COMPANY LIMITED AND OTHERS

[2022] 2 S.C.R. 287 · 2022 INSC 211

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Summary

A deceased debit-card holder’s nominee was denied accident cover because the card had not been used for a qualifying non-ATM transaction. The Court held that the respondents had not proved communication of that special condition to the beneficiary. A reference to a usage guide in the covering letter did not answer the specific allegation that no further policy documents were supplied. The basic Rs.5 lakh award was restored with interest and compensation, while the purchase-linked enhanced cover was refused.

Issues

  1. Whether the insurer could rely on a qualifying-transaction condition without proof it was communicated to the beneficiary.
  2. Whether the covering-letter reference and insurer’s affidavit established delivery of the usage guide.
  3. Whether the nominee qualified for basic or accelerated cover.

Held

Result

Appeals allowed. Basic Rs.5 lakh award restored with 9% annual interest from 1 February 2014 and Rs.20,000 compensation and costs, payable within one month by demand draft. Accelerated cover refused; insurer’s remedy against the bank preserved.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 287.