Search Results Page
Search Results
1 - 6 of 6 (2.53 seconds)The Motor Vehicles Act, 1988
Narinder Singh vs New India Assurance Company Ltd And Ors on 4 September, 2014
13. Learned counsel for the petitioner has tried to justify the repudiation of the claim on the strength of the law laid down by the Supreme Court in the matter of Narinder Singh Vs. New India Assurance Company Ltd. (supra). In my opinion, aforesaid judgment is not applicable to the facts and circumstances for the reason that in the said case, the insurance claim was in respect of damage caused to the unregistered vehicle in an accident, meaning thereby that at the relevant time, the vehicle was being driven in violation of mandate of Section 39 of the Act. In the instant case, admittedly at the time of theft, subject vehicle was not being driven by anyone. Thus, at the time of theft, respondent was not violating Section 39 of the Act.
Oriental Insurance Co. Ltd. & Anr. vs Vikram Kanda on 1 September, 2016
The judgments of the Co-ordinate Bench in the matter of Oriental Insurance Co. Ltd. vs. Vikram Kanda (supra) and Oriental Insurance Co. Ltd. vs. Rajesh Nautiyal (supra) are of no avail to the petitioner as those judgments have been passed without noting that facts of Narinder Singh's case (supra) were different, as it was a case of accident of the subject car which was being driven without registration. Therefore, I am of the view that repudiation of insurance claim by the insurance company is unjustified and as such, order of the foras below cannot be faulted.
The Oriental Insurance Company Ltd. vs Rajesh Nautiyal on 8 October, 2013
The judgments of the Co-ordinate Bench in the matter of Oriental Insurance Co. Ltd. vs. Vikram Kanda (supra) and Oriental Insurance Co. Ltd. vs. Rajesh Nautiyal (supra) are of no avail to the petitioner as those judgments have been passed without noting that facts of Narinder Singh's case (supra) were different, as it was a case of accident of the subject car which was being driven without registration. Therefore, I am of the view that repudiation of insurance claim by the insurance company is unjustified and as such, order of the foras below cannot be faulted.
Section 379 in The Indian Penal Code, 1860 [Entire Act]
1