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The document is a memorial for a civil appeal involving Gurmeet Kaur against the National Insurance Company regarding a denied insurance claim following an accident that occurred before the policy's commencement. The insurance company argues that it is not liable for compensation as the accident happened prior to the policy's effective date, citing relevant laws and previous case rulings. The document seeks the dismissal of the appeal and upholding of the insurance company's decision to reject the claim.

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8 views

Complete_Moot_Memorial_Format_Respondent

The document is a memorial for a civil appeal involving Gurmeet Kaur against the National Insurance Company regarding a denied insurance claim following an accident that occurred before the policy's commencement. The insurance company argues that it is not liable for compensation as the accident happened prior to the policy's effective date, citing relevant laws and previous case rulings. The document seeks the dismissal of the appeal and upholding of the insurance company's decision to reject the claim.

Uploaded by

neha.lorbo98
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Memorial for Respondent

IN THE HON'BLE SUPREME COURT OF INDIA

CIVIL APPEAL NO. 123 OF 2024

In the matter of:

Gurmeet Kaur (Appellant)

Versus

National Insurance Company (Respondent)


Table of Contents
1. Statement of Jurisdiction
2. Facts
3. Issues
4. Summary of Arguments
5. Arguments Advanced
6. Prayer
7. List of Statutes
8. Abbreviations
9. List of Cases
10. References

1. Statement of Jurisdiction
This Hon’ble Court has jurisdiction to entertain and try this case
under Section 23 of the Consumer Protection Act, 2019. The
Respondent respectfully submits that the order passed by the State
Consumer Disputes Redressal Commission is appealed under
Section 58 of the same Act.

2. Facts
1. Gurmeet Singh alias Gurpreet Singh purchased fertilizer worth
Rs. 10,620 on 12th January 2011, which included insurance
coverage under the Bima Yojana Policy.
2. The insurance policy was to commence from 12th February
2011 and continue till 12th February 2012.
3. Unfortunately, on 6th February 2011, before the policy
commencement, Gurmeet Singh suffered an accident.
4. Singh’s widow filed a claim under the policy after his demise on
5th May 2011.
5. The insurance company rejected the claim on the ground that the
accident occurred before the policy commenced.

3. Issues
1. Whether the insurance company is liable to pay compensation
for an accident that occurred before the commencement of the
insurance policy?
2. Whether the terms of the insurance contract, as clearly
mentioned in the policy, absolve the insurance company from any
liability?

4. Summary of Arguments
1. The insurance company is not liable to provide compensation as
per the policy's clear terms and conditions. The policy commenced
on 12th February 2011, whereas the accident occurred on 6th
February 2011.
2. Insurance contracts are contingent in nature, and liability only
arises if the contingency, i.e., an accident, occurs during the policy
period.

5. Arguments Advanced
**5.1 Insurance Contracts and Strict Interpretation**

1. In insurance law, contracts must be interpreted as per their


plain language. The policy commencement date is critical, and the
insurance company cannot be held liable for accidents occurring
outside this period (Refer: **Oriental Insurance Co. Ltd. v. Sony
Cheriyan, 1999**).
2. A contract of insurance is a contingent contract under
**Section 31 of the Indian Contract Act, 1872**, where the
insurer’s liability is contingent on the occurrence of an event
within a defined period.

**5.2 Terms of the Contract Must Be Honoured**

1. According to **Section 10 of the Indian Contract Act, 1872**,


a contract is binding when it is lawful and with free consent. The
insurance company provided clear terms in the contract regarding
the coverage period.
2. The widow, as a claimant, cannot invoke the benefits of a
policy that had not yet commenced, as per the ruling in **LIC of
India v. Consumer Education and Research Center, 1995**.

**5.3 Consumer Protection Act and Rejection of Frivolous


Claims**

1. Under the **Consumer Protection Act, 2019 (Section 2(7))**,


the widow is a "consumer," and the dispute falls within the
jurisdiction of the Consumer Commission. However, the insurance
company rightfully denied the claim as it followed the policy's
terms (Refer: **New India Assurance Co. Ltd. v. R. Srinivasan,
2000**).
2. In cases where the terms are clear, and the incident occurs
outside the policy period, consumer disputes do not hold (Refer:
**SBI Life Insurance Co. v. Smt. Ritu Thapar, 2019**).
6. Prayer
In light of the above arguments, it is most humbly prayed that this
Hon’ble Court may be pleased to:
1. Dismiss the appeal made by the Appellant as the insurance
policy was not in force at the time of the accident.
2. Uphold the decision of the insurance company in rejecting the
claim.
3. Award costs to the Respondent for the legal expenses incurred.
Any other relief this Hon’ble Court deems fit in the interests of
justice and equity.

7. List of Statutes / Laws Used


1. Indian Contract Act, 1872 (Sections 10, 31, 73)
2. Insurance Act, 1938 (Section 45)
3. Consumer Protection Act, 2019 (Sections 2(7), 35, 58)
4. General Clauses Act, 1897 (Section 13)
5. Specific Relief Act, 1963 (Section 34)

8. Abbreviations and Full Forms


1. ICA - Indian Contract Act, 1872
2. CPA - Consumer Protection Act, 2019
3. IA - Insurance Act, 1938
4. SRA - Specific Relief Act, 1963
5. GCA - General Clauses Act, 1897
6. SC - Supreme Court
7. SCC - Supreme Court Cases
8. AIR - All India Reporter
9. NCDRC - National Consumer Disputes Redressal Commission

9. List of Cases
1. Oriental Insurance Co. Ltd. v. Sony Cheriyan, (1999) 6 SCC
451.
2. LIC of India v. Consumer Education and Research Center,
(1995) 5 SCC 482.
3. New India Assurance Co. Ltd. v. R. Srinivasan, (2000) 3 SCC
242.
4. SBI Life Insurance Co. v. Smt. Ritu Thapar, (2019) NCDRC.

10. References
1. Avtar Singh, Law of Contract and Specific Relief, Eastern Book
Company.
2. Consumer Protection Act, 2019 - Bare Act.
3. "Interpretation of Insurance Contracts" - Legal Service India
(www.legalserviceindia.com)
4. The Indian Law Institute Journal (ILI).

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