NATIONAL INSURANCE CO. LTD. Vs. PRAFULABEN SHAH

JUDGEMENT

(1.) Learned counsel for the parties present. Arguments heard.

(2.) Shri Bharatkumar, husband of the complainant, Prafullaben took Janta Personal Accident Policy for Rs.5,00,000/- from National Insurance Company Ltd., opposite party, through Zenith Marketing.

(3.) The argument advanced by National Insurance Company is that no agreement was executed between the deceased and the National Insurance Company. He did not pay any premium. This appears to be a case of fraud for which National Insurance Company Limited cannot be held liable. It is also argued that Zenith Marketing was not arrayed as a party in this case. According to the learned counsel for the petitioner, it is a necessary party without whom it would become difficult to adjudicate this case.