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Supreme Court of India 2024-05-08 allowed

Mrs. Bhumikaben N. Modi & Ors vs Life Insurance Corporation of India

Bench: 2 — A. S. Bopanna, C. T. Ravikumar

In Brief

A widow and children of a deceased who submitted a life insurance proposal and paid the premium before his accidental death claimed policy benefits. The insurer initially issued a First Premium Receipt bearing the policy number but later refused to pay, claiming no concluded contract existed because the proposal was accepted only after death. The District Forum and State Commission found the proposal was accepted and directed payment. The NCDRC reversed both orders and dismissed the complaint, offering only ex gratia relief. The Supreme Court restored the lower forums' orders, holding that the Acceptance-cum-First Premium Receipt and encashed premium before death created a clear presumption of contract formation, and the NCDRC exceeded its limited revisional jurisdiction in reversing concurrent findings without proving illegality or material irregularity."

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Insurance Law Consumer Protection Contract Formation Life Insurance Acceptance of Proposal

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