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National Insurance Co. Ltd vs Nitin Khandelwal on 8 May, 2008 cites

National Insurance Co. Ltd vs Kusum Rai & Ors on 24 March, 2006

11. Pursuant to the notice issued by this court, the respondent has filed a comprehensive counter affidavit. The appellant relied upon the judgment of this court in the case of National Insurance Co. Ltd. v. Kusum Rai & Others (2006) 4 SCC 250. According to the respondent, this case has no application so far as the instant case is concerned. The aforesaid case relates to the accident where the main or contributory cause of accident was negligent driving at the relevant time of the accident. The instant case relates to the theft of the car. It is not a case of third party risk. In the 6 instant case, the vehicle has not been recovered. It is also incorporated in the counter affidavit that it is not disputed that the vehicle was comprehensively insured. Since the vehicle in question had been stolen, therefore, in the case of theft of vehicle, the breach of condition is not germane.
Supreme Court of India Cites 16 - Cited by 535 - S B Sinha - Full Document
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