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Section 46

Application of the Law in Force in India to Policies Issued in India.

The Insurance Act, 1938
The holder of a policy of insurance issued by an insurer in respect of insurance business transacted in 1[India] after the commencement of this Act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in 1[India], of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in 1[India]; and if the suit is brought in 1[India]; any question of law arising in connection with any such policy shall be determined according to the law in force in 1[India]:

2[Provided that nothing in this section shall apply to a policy of marine insurance.]




1 Subs. by Act 62 of 1956, s. 2 and the First Schedule, for "the States" (w.e.f. 1-11-1956).

2 Ins. by Act 7 of 1944, s. 2 (w.e.f. 7-3-1944).