This has been held by the Hon’ble Supreme Court in Surendra Kumar Bhilawe vs.The New India Assurance Company Limited CA no. 2632/2020. The judgment can be accessed here
This judgment relies upon and affirms a previous decision in Naveen Kumar vs. Vijay Kumar and Ors.(2018 ) 3 SCC 1 – (06.02.2018 – SC) which can be accessed here.
