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Supreme Court of India · 10/04/2024

MAHAKALI SUJATHA versus THE BRANCH MANAGER, FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LIMITED & ANOTHER

[2024] 4 S.C.R. 724 · 2024 INSC 296

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Summary

An insurer alleging concealed prior life policies must prove that factual basis; an incomplete, inconsistent table in an affidavit did not shift the burden to the nominee to disprove it. Rekhaben concerned admitted prior cover and was distinguishable. Ambiguous proposal questions were also construed against the insurer. The Court reversed repudiation, set aside the NCDRC order and awarded the specified claims under both policies with 7% annual interest from filing of the complaint until realisation.

Issues

  1. Whether the insurer proved fraudulent suppression of prior policies.
  2. Whether Rekhaben or the nominee’s failure to deny unsupported particulars justified repudiation.
  3. How ambiguous proposal questions affected the insurer’s defence.

Provisions considered

Held

Result

Appeal allowed; NCDRC order set aside. Insurer to pay Rs.7,50,000 and Rs.9,60,000 with 7% annual interest from complaint filing until realisation. Parties bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 724.