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Iffco Tokio General Insurance Co. Ltd. vs Ram Kumar Gurjar on 2 December, 2025 cites

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

Further, the repudiation of the claim by the Insurance Company on the ground that the vehicle was being used for illegal transportation of bajari and the driver did not possess a valid licence for driving HGV, does not hold any water. It is well settled that in the case of theft of vehicle, nature of use of vehicle cannot he invoked into and Insurance Company cannot repudiate claim on afore-said ground. Reliance may be placed upon National Insurance Co. Ltd. v. Nitin Khandelwal (supra), wherein the repudiation of claim by the Insurance Company on the ground of private vehicle being used as taxi, was negated by the Hon'ble Apex Court.
Supreme Court of India Cites 6 - Cited by 458 - D Bhandari - Full Document

National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004

9. On the other hand, contentions were vehemently opposed by the learned counsel for the complainant/respondent and he urged that no endorsement on licence is required to ply a Heavy Goods Vehicle and the driver of the vehicle validly possessed the licence to drive a Light Motor Vehicle which empowered him to drive a transport vehicle or an omnibus with gross vehicle weight not exceeding 7500 k.g. He pointed out that even otherwise, requirement of licence is inconsequential since at the time of dacoity the vehicle was parked and driver was sleeping inside the vehicle. He further pointed out that there was no delay in lodging the FIR by the driver of the vehicle and the claim could not have been rejected merely because the second key of the vehicle as alleged by Insurance Company had not been provided. The carrying of any illegal trade of transportation of bajari as alleged by Insurance Company was denied in absence of any cogent evidence on record. Reliance was further placed upon Kuldeep Singh D. Rana v. National Insurance Co. Ltd., 2013 SCC OnLine NCDRC, 141; National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297; Jitendra Kumar v. Oriental Insurance Co. Ltd., (2003) 6 SCC 420; National Insurance Co. Ltd. v. FA/1787/2018 Page 6 of 9 Nitin Khandelwal, (2008) 11 SCC 259 and New India Assurance Co. Ltd. v. Niranjan Singh, 2015 SCC OnLine NCDRC 2859.
Supreme Court of India Cites 68 - Cited by 3847 - Full Document

Jitendra Kumar vs Oriental Insurance Co. Ltd. & Anr on 17 July, 2003

9. On the other hand, contentions were vehemently opposed by the learned counsel for the complainant/respondent and he urged that no endorsement on licence is required to ply a Heavy Goods Vehicle and the driver of the vehicle validly possessed the licence to drive a Light Motor Vehicle which empowered him to drive a transport vehicle or an omnibus with gross vehicle weight not exceeding 7500 k.g. He pointed out that even otherwise, requirement of licence is inconsequential since at the time of dacoity the vehicle was parked and driver was sleeping inside the vehicle. He further pointed out that there was no delay in lodging the FIR by the driver of the vehicle and the claim could not have been rejected merely because the second key of the vehicle as alleged by Insurance Company had not been provided. The carrying of any illegal trade of transportation of bajari as alleged by Insurance Company was denied in absence of any cogent evidence on record. Reliance was further placed upon Kuldeep Singh D. Rana v. National Insurance Co. Ltd., 2013 SCC OnLine NCDRC, 141; National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297; Jitendra Kumar v. Oriental Insurance Co. Ltd., (2003) 6 SCC 420; National Insurance Co. Ltd. v. FA/1787/2018 Page 6 of 9 Nitin Khandelwal, (2008) 11 SCC 259 and New India Assurance Co. Ltd. v. Niranjan Singh, 2015 SCC OnLine NCDRC 2859.
Supreme Court of India Cites 4 - Cited by 97 - Full Document

Ashok Kumar vs New India Assurance Co. Ltd. on 31 July, 2023

There is no credible evidence on record to assume that the vehicle was being used for illegal purpose for transportation of bajari as alleged by the learned counsel for the opposite party. Admittedly, the driver of the vehicle was in possession of a driving licence though the same was for LGV. It cannot be ignored that there is no substantive delay in lodging the FIR by driver of the vehicle and there is nothing on record to show the connivance of the driver or the complainant in the offence of FA/1787/2018 Page 8 of 9 dacoity. In view of the settled position of law, there does not appear to be any error in settling the claim on a non-standard basis. By a series of pronouncements by the Hon'ble Apex Court, it is settled position of law that the claim cannot be repudiated unless the violation of condition of insurance policy is in the nature of fundamental breach as reiterated in Ashok Kumar v. New India Assurance Co. Ltd., (2024) 1 SCC 357.
Supreme Court of India Cites 13 - Cited by 1 - J K Maheshwari - Full Document

The New India Assurance Co. Ltd. vs Niranjan Singh And Ors. on 26 July, 1989

9. On the other hand, contentions were vehemently opposed by the learned counsel for the complainant/respondent and he urged that no endorsement on licence is required to ply a Heavy Goods Vehicle and the driver of the vehicle validly possessed the licence to drive a Light Motor Vehicle which empowered him to drive a transport vehicle or an omnibus with gross vehicle weight not exceeding 7500 k.g. He pointed out that even otherwise, requirement of licence is inconsequential since at the time of dacoity the vehicle was parked and driver was sleeping inside the vehicle. He further pointed out that there was no delay in lodging the FIR by the driver of the vehicle and the claim could not have been rejected merely because the second key of the vehicle as alleged by Insurance Company had not been provided. The carrying of any illegal trade of transportation of bajari as alleged by Insurance Company was denied in absence of any cogent evidence on record. Reliance was further placed upon Kuldeep Singh D. Rana v. National Insurance Co. Ltd., 2013 SCC OnLine NCDRC, 141; National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297; Jitendra Kumar v. Oriental Insurance Co. Ltd., (2003) 6 SCC 420; National Insurance Co. Ltd. v. FA/1787/2018 Page 6 of 9 Nitin Khandelwal, (2008) 11 SCC 259 and New India Assurance Co. Ltd. v. Niranjan Singh, 2015 SCC OnLine NCDRC 2859.
Delhi High Court Cites 2 - Cited by 2 - Full Document
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