Case Details

  • Case Name / Number: Special Leave to Appeal (C) No.5582 of 2023 (SLP(C) No.5582/2023).
  • Parties: Oriental Insurance Co. Ltd (Petitioner) vs. Tuni Pati & Ors.; National Insurance Company Limited (Petitioner) vs. K. Saravanan & Ors.
  • Court / Authority: Supreme Court of India.
  • Date of Order / Hearing: 26‑05‑2026 (order issued on same date).
  • Reference Orders: Impugned final judgment dated 19‑05‑2022 (MACA No.324/2021, High Court of Orissa); Court order dated 06‑04‑2026 directing payment; Court order dated 30‑04‑2026 acknowledging compliance by respondent No.2.
  • Period of Violation / Dispute: Non‑payment of the directed amount from 18‑04‑2023 onward.

Parties Involved

  • Petitioners: Oriental Insurance Co. Ltd; National Insurance Company Limited.
  • Respondents (selected): Tuni Pati & Ors.; K. Saravanan & Ors.; multiple insurance companies listed as respondents (e.g., Axis Max Life Insurance Ltd., ICICI Prudential Ltd., Kotak Mahindra Ltd., etc.).
  • Judges: Hon'ble Mr. Justice Ahsanuddin Amanullah; Hon'ble Mr. Justice Prasanna B. Varale.
  • Counsel: Various advocates listed for both petitioners and respondents (e.g., Mr. H. Chandra Sekhar, Ms. Manjeet Chawla, etc.).

Issues / Allegations / Violations

  • The Court ordered the petitioner‑insurance company to pay the remaining amount of Rs.2,75,780.82 with 6% interest accruing from 18‑04‑2023 to respondents No.1‑3.
  • The payment was to be made within two weeks of the order dated 06‑04‑2026.
  • The petitioner‑insurance company had not complied with the payment direction as of the hearing date.
  • The Court emphasized the duty of the petitioner to keep respondents informed about implementation.
  • Appearance requirements: all insurance companies must disclose their name when appearing; failure to do so may attract suo motu contempt.

Findings & Observations

  • The Court observed non‑compliance with the payment order and reiterated the petitioner’s duty to inform respondents.
  • It noted that respondent No.2 had complied with the Court’s order dated 30‑04‑2026, and this compliance was recorded.
  • The Court warned that continued non‑compliance would lead to contempt proceedings against the CMD of the petitioner‑insurance company.

Penalties / Settlements / Directions

  • Payment Direction: Rs.2,75,780.82 plus 6% interest from 18‑04‑2023, payable within two weeks of 06‑04‑2026.
  • Contempt Threat: If payment is not made, contempt proceedings will be initiated against the CMD of the petitioner‑insurance company on the next listing date.
  • Counter‑Affidavits: All respondent‑insurance companies must file detailed counter‑affidavits, personally affirmed by their CMDs or MDs, by 10‑07‑2026.
  • Appearance Rule: Any insurance company appearing without disclosing its name will face suo motu contempt; CMDs of companies not appearing must personally attend the next listing and show cause.
  • Compliance Acknowledgement: Respondent No.2’s compliance with the 30‑04‑2026 order is recorded.

Corrective Actions & Future Obligations

  • Petitioners must inform respondents of the status of the payment order.
  • Respondent insurers must prepare and submit counter‑affidavits as directed, with personal affirmation by senior management.
  • All parties must ensure proper disclosure of their identity during appearances to avoid contempt.
  • CMDs of non‑appearing insurers must be present at the next hearing and provide explanations.

Final Ruling & Enforcement

  • The Court reiterated the payment obligation and set strict deadlines (payment by 06‑04‑2026, affidavits by 10‑07‑2026).
  • Non‑compliance will trigger contempt proceedings against the CMD of the petitioner‑insurance company.
  • The matter (both SLP and C.A.) is listed for further hearing on 30‑07‑2026.
  • The Court’s directions are binding and enforceable, with contempt powers reserved for violations of appearance and payment directives.