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1 - 10 of 14 (0.21 seconds)National Insurance Co. Ltd vs Nitin Khandelwal on 8 May, 2008
13. The question whether the insurance company is justified
in repudiating the claim of the insured for violation of the
terms and conditions of the insurance policy in the case of theft
of vehicle came up before the Hon'ble Supreme Court in the
matter of National Insurance Company Limited Vs. Nitin
Khandelwal (2008) 11 SCC 259, wherein the Hon'ble Supreme
Court observed thus :
Section 379 in The Indian Penal Code, 1860 [Entire Act]
United India Insurance Co. Ltd vs Shri Gian Chand And Others on 2 September, 1997
"19. Looking to the judgment of Hon'ble National Commission
passed in Mohd. Unis vs. United India Insurance Company
Limited (Supra) & Baljeet v. United India Insurance Company
Limited (Supra), it appears that the breach was not a fundamental
breach and hence the respondent (O.P.) (Insurance Company) was
// 19 //
required to pay compensation at least on non-standard basis to the
appellant (complainant).
Section 39 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd. vs J. P. Leasing & Finance Pvt. Ltd. on 16 September, 2009
In the case of National Insurance Company Ltd. Vs. Kamal
Singhal, IV (2010) CPJ 297 (NC), Hon'ble National Commission has
held that "There has been catena of decisions of the National
Commission and also Hon'ble Apex Court and the issue is no longer
res integra that in case of theft of vehicle, issue of breach of policy
condition (s) was not germane to the issue and we profitably refer to
few decisions of the National Commission in the matters of (1)
National Insurance Company Ltd. v. J.P. Leasing & Finance Pvt. Ltd.,
(R.P No.643 / 2005), (2) Punjab Chemical Agency v. National
Insurance Company Ltd. (R.P. No.2097), (3) New India Assurance Co.
Ltd. v. Sou.
Baljeet vs United India Insurance Co. Ltd. on 2 December, 2013
In the case of Baljeet v. United India Insurance Company
Limited., 2014 (1) CPR 61 (NC), Hon'ble National Commission has
observed thus :
New India Assurance Co Ltd vs Sou Chanda Sunil Sawant on 23 December, 2010
In the case of National Insurance Company Ltd. Vs. Kamal
Singhal, IV (2010) CPJ 297 (NC), Hon'ble National Commission has
held that "There has been catena of decisions of the National
Commission and also Hon'ble Apex Court and the issue is no longer
res integra that in case of theft of vehicle, issue of breach of policy
condition (s) was not germane to the issue and we profitably refer to
few decisions of the National Commission in the matters of (1)
National Insurance Company Ltd. v. J.P. Leasing & Finance Pvt. Ltd.,
(R.P No.643 / 2005), (2) Punjab Chemical Agency v. National
Insurance Company Ltd. (R.P. No.2097), (3) New India Assurance Co.
Ltd. v. Sou.
National Insurance Company vs Lajwanti on 18 January, 2006
17 In the case of National Insurance Company V. Lajwanti, II
(2007) CPJ 48 (NC), the vehicle was stolen on 19.01.2002 at about 4.00
a.m. and report was lodged on the same day under Section 379, IPC
and despite best efforts made by Police, the car could not be traced.
The claim of the complainant was repudiated by the Insurance
Company on the ground that stolen was doubtful. The State
Commission allowed the appeal and awarded compensation to the
complainant and National Commission upheld the finding recorded
by the State Commission.
Amalendu Sahu vs Oriental Insurance Co.Ltd on 25 March, 2010
In the case of Amalendu Sahoo v. Oriental Insurance Co. Ltd.,
II (2010) CPJ 9 (SC), Hon'ble Supreme Court has observed thus :