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1 - 9 of 9 (0.22 seconds)The Motor Vehicles Act, 1988
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
B.V. Nagaraju vs M/S. Oriental Insurance Co. ... on 20 May, 1996
18) The reliance placed by the Commission on the judgment of Hon'ble
Supreme Court in the case of B.V. Nagaraju (supra) may not be
inappropriate, however, having regard to the evolution of law on the
subject since 1996 when the judgment in B.V. Nagaraju (supra)
was rendered, it is now well settled that if the breach of policy
condition has not directly or indirectly contributed to the accident in
which the insured vehicle is damaged, such condition is required to
be taken as an ancillary condition of contract of indemnity and the
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breach thereof shall not absolve the insurance company of its
liability to indemnify the insured for the damage caused to such
vehicle in the accident. However, if breach of such ancillary
condition is pleaded and proved by the insurance company, it can
plead for settlement of the claim on "non-standard basis".
Ashok Kumar vs New India Assurance Co. Ltd. on 31 July, 2023
13) The answer to the questions aforesaid is not far to seek. The issue
has already been dealt with by the Hon'ble Supreme Court in its
latest judgment rendered in the case of Ashok Kumar Vs. New
India Assurance Co. Ltd. [Civil Appeal No. 4758/2023] decided
on 31.07.2023, approving its view in the case of National
Insurance Company Limited Vs. Nitin Khandelwal, [(2008) 11
SCC 259] and Amalendu Sahoo Vs. Oriental Insurance
Company Limited, [(2010) 4 SCC 536]. It is held that where there
is contributory factor, proportionate sum from the assured amount
would be all that the insurance company can aspire to deduct.
National Insurance Co. Ltd vs Nitin Khandelwal on 8 May, 2008
16) The legal position as adumbrated in Nitin Khandelwal (supra) and
Amalendu Sahoo (supra) has been consistently followed by the
Hon'ble Supreme Court in its later judgments as also in various
judgments rendered by this Court. It is, thus, a trite law that the
principle of "non-standard basis" to settle the insurance claim can
be applied to the cases where condition of policy including
"limitation as to use" is found breached by the insured. It is equally
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well settled that if breach of insurance policy condition is
fundamental in nature, the insurance company would be absolved of
its liability to indemnify the insured.
Jitendra Kumar vs Oriental Insurance Co. Ltd. & Anr on 17 July, 2003
14) The issue was considered by the Hon'ble Supreme Court in the case
of Jitendra Kumar Vs. Oriental Insurance Co. Ltd. & Anr.
[(2003) 6 SCC 420]. In paragraphs 9 & 10 of the judgment, the
Hon'ble Supreme Court held thus:
New India Assurance Co. Ltd. vs Narayan Prasad Appaprasad Pathak on 1 February, 2006
".....14 In this connection reference may be made to a decision of the
National Commission in the case of New India Assurance Co.
Ltd. Vs. Narayan Prasad Appaprasad Pathak, (2006) CPJ 144
(NC). In that case also the question was whether the insurance
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company can repudiate the claims in a case where the vehicle
carrying passengers and the driver did not have a proper
driving licence and met with an accident? While granting the
claim on non-standard basis the National Commission set out
on its judgment the guidelines issued by the insurance company
about settling all such non-standard claims. The said
guidelines are set out below:
Gurcharan Singh S/O Harbans Singh vs The New India Assurance Company Limited on 29 September, 2009
insurance company"] invokes extraordinary writ jurisdiction of
this Court, vested under Article 226 of the Constitution of India, to
set aside an order/judgment dated 17.10.2019 passed by the Jammu
& Kashmir State Consumer Disputes Redressal Commission,
Jammu ["the Commission"] in an appeal No. 4095/19 titled
"Gurcharan Singh Vs. United India Insurance Company Ltd.",
whereby the Commission has overturned the decision of District
Consumer Disputes Redressal Forum, Jammu (Constituted under J
& K Consumer Protection Act, 1987) ["the Forum"] dated
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18.12.2018 and directed the petitioner-insurance company to pay
the assessed amount of damages caused to the insured vehicle i.e.
₹ 4,50,000.00/- with interest @ 7% per annum. The respondent has
also been held entitled to a sum of ₹ 10,000/- as litigation cost.
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