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Supreme Court of India 2024-04-10 allowed

MAHAKALI SUJATHA vs THE BRANCH MANAGER,

Bench: 2 — B.V. Nagarathna, Augustine George Masih

In Brief

A daughter claimed life insurance benefits after her father's death in a train accident. The insurance company denied the claim, alleging the father had suppressed information about existing policies with other insurers. The National Consumer Disputes Redressal Commission upheld the denial based on an unverified table of alleged policies. The Supreme Court allowed the appeal, holding that the insurer must prove its claims with credible evidence—not mere tabulations. The insurer failed to provide authenticated policy documents or witness testimony. Applying the cardinal principle "he who asserts must prove," the Court ordered payment of Rs. 7,50,000 and Rs. 9,60,000 with 7% interest.

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Insurance Law Consumer Protection Evidence Burden of Proof Life Insurance Policy Repudiation Material Suppression Utmost Good Faith Civil Procedure

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