Kulwant Singh & Ors vs Oriental Ins. Co. Ltd on 28 October, 2014
9.We find that when Hon'ble Supreme Court in the case of Kulwant Singh & Ors. Vs. Oriental Insurance Company Ltd (supra) has clearly observed that Light Motor Vehicle covers both light passengers carriage vehicle and light goods carriage and that the Insurance Company cannot disown its liability and as there is no breach of policy condition. Hence, we hold that in the instant case as the driver of the vehicle was holding lincence to light motor vehicle, he can also drive light passengers carriage vehicle also and hence there cannot be breach of policy condition. Thus, applying the aforesaid decision of the Hon'ble Supreme Court to present case, we find that the repudiation of the claim can be said to be illegal and it constitutes deficiency in service on the part of the respondent. Hence, the impugned order deserves to be set aside. Therefore, we hold that the respondent is liable to indemnify the appellant for the loss suffered by him due to damage of his insured vehicle.