Authority: Supreme Court of India
Order Date: 27-07-2026
Case Overview
- Petition: Special Leave Petition (Civil) No. 27729/2026 filed by H.D.F.C. ERGO GENERAL INSURANCE against Archana Gurjar & Ors, arising from the impugned final judgment and order dated 19‑01‑2026 of the High Court of Madhya Pradesh at Indore in MA No. 778/2012.
- The dispute concerns a motor insurance policy allegedly issued for the period 06‑07‑2010 to 05‑07‑2011. The petitioner claims the vehicle owner relied on this policy (Exhibit P‑20). The insurer disputes the existence of the policy, stating that the premium was paid by cheque on 14‑07‑2010, with acknowledgment issued on 21‑07‑2010, and no premium was paid through any other mode on the purported policy issuance date.
- The matter was heard on 27‑07‑2026 before a bench of Hon’ble Mr. Justice Prashant Kumar Mishra and Hon’ble Mr. Justice Shree Chandrashekhar. Counsel for the petitioner were Sr. Adv. Gagan Gupta, Adv. Ankita Chaudhary and Adv. Chand Kapoor.
Final Outcome
1. The Court condoned the delay in filing the intervening applications.
2. The petitioner’s senior counsel was directed to submit, on instructions, that the vehicle owner relied on the policy covering 06‑07‑2010 to 05‑07‑2011, noting the insurer’s dispute based on the cheque payment and acknowledgment dates.
3. A notice is to be issued and must be returned within six weeks.
4. The petitioner is ordered to deposit fifty percent (50 %) of the enhanced amount as directed by the High Court.
Topics: Insurance Dispute, Court Order