M/S Brij Lal Ved Prakash vs National Insurance Company Limited, ...
2024 Latest Caselaw 8584 P&H

Punjab-Haryana High Court

M/S Brij Lal Ved Prakash vs National Insurance Company Limited, ... on 23 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                Neutral Citation No:=2024:PHHC:055028




                                        2024:PHHC:055028
145 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        RSA-2208-1991 (O&M)
                                        Date of decision: 23.04.2024
M/s Brij Lal Ved Prakash
                                               ....Appellant

            Versus

National Insurance Company Limited and others

                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-   Mr. Arun Bansal,
            Mr. Anubhav Bansal Bharti,Advocates for the appellant

             Mr. Deepak Suri, Advocate for
            respondent no.1 to 3 (Insurance Company)

            Mr. Deepak Kohli, Advocate for
            Mr. Kashish Garg, Advocate for respondent no.4


ANIL KSHETARPAL, J (Oral)

1. In this Regular Second Appeal, the plaintiff assails the

correctness of the concurrent findings of fact arrived at by the courts

below while dismissing their suit for recovery of Rs.3,57,300/- against

the Insurance Company. Both the courts below have found that the suit

was required to be filed within one year (12 months) from the date the

claim of the appellants was repudiated. Hence, the pivotal issue in this

appeal is whether the plaintiff's suit was filed within a period of

limitation or not. The claim was repudiated on 27.08.1982 whereas the

suit was filed on 07.01.1985. The learned counsel representing the

appellant relies upon Division Bench judgment in Gautam Yadav vs.

State of U.P and 3 others, 2020 (12) ILR (Allahabd) 477 2021 (1) Alla

L J 351.

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Neutral Citation No:=2024:PHHC:055028

RSA-2208-1991 (O&M) 2 2024:PHHC:055028

2. Per contra, the learned counsel representing the respondent

draws the attention of the Court to the judgment in National Insurance

Company vs. Sujir Ganesh Nayak & Co. And another, JT 1997 (4)

SC 180. The learned counsel representing the respondent also submits

that the appeal against the judgment of Allahabad Bench is pending

before the Supreme Court.

3. Hon'ble Supreme Court in National Insurance Company

Limited's case (supra) has held that the contract seeking to curtail the

period of limitation while prescribing a shorter period in the insurance

contract falls outside the scope of Section 28 of the Indian Contract Act,

1872. In substance, it was held that the suit is required to be filed within

a period prescribed in the insurance contract, failing belated claims

much after the repudiation of contract shall be filed and it would not be

in the interest of justice.

4. It is evident that view of the Supreme Court is binding

under Article 141 of the Constitution of India.

5. Keeping in view the aforesaid facts, no ground to interfere

is made out.

6. Hence, dismissed.

7. All the pending miscellaneous applications, if any, are also

disposed of.

23.04.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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