VidhiSangh

Supreme Court of India · 24/04/2019

RELIANCE LIFE INSURANCE CO LTD & ANR. versus REKHABEN NARESHBHAI RATHOD

[2019] 6 S.C.R. 733 · 2019 INSC 565

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Repudiation of the life-insurance claim was upheld because the proposer falsely denied a life policy obtained only two months earlier. The prior cover was material to underwriting and required truthful disclosure in response to express questions. The Court did not decide whether an immaterial misstatement under a warranty alone would suffice. Although the consumer complaint was dismissed, money already withdrawn unconditionally under the Supreme Court’s interim order was protected from recovery under Article 142.

Issues

  1. Whether non-disclosure of the recent prior life cover justified repudiation.
  2. Whether signing a proposal filled by another excused the false answers.
  3. Whether the interim withdrawal should be recovered after dismissal.

Provisions considered

Held

Result

Appeal allowed without costs; NCDRC order set aside and consumer complaint dismissed. Under Article 142, the amount already withdrawn unconditionally pursuant to the Supreme Court’s interim order protected from recovery.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 733.