(Querist) 12 July 2008
This query is : Resolved
I want to know that if an insurance agent is punishable if the person who is insured is killed by somebody.The agent is neither financial beneficiary nor related to the nominee.The police hasnot made any charges against nominee. whether filling a proposal form is also a ground for punishment.
I want to know is there any veredict/judgement of high/supreme court which can establish that insurance company has the right & authority to accept/reject a policy and claim and an agent has no role in it so how can he be held responsible given that nominee is not chargesheeted by police
(Expert) 12 July 2008
The essential ingredients required to be proved in the case of an offence under Section 302 IPC are motive and intention.
Insurance co. can cancel any policy only in the absence of consideration. If policy holder is guilty of a fraudulent suppression of material facts when he made his statements, which he must have known were deliberately false, policy isuued relying those statements may be vitiated and claim may be repudiated.