ORIENTAL INSURANCE COMPANY LIMITED Vs. SANJESH

JUDGEMENT

(1.) The sole arguments raised by learned counsel for the petitioner is that the claim was not filed within a period of one month or extending condonable period of one month.

(2.) We do not find any merit in the said arguments in view of Sec. 28 of the Indian Contract Act, 1872 (for short, 'the Act') which reads as under:-

(3.) In view of the aforesaid Sec. , the condition of lodging claim within a period of one month, extendable by another one month is contrary to Sec. 28 of the Act and thus void.