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1 - 7 of 7 (0.18 seconds)The Motor Vehicles Act, 1988
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
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.
Para(s) 18 and 19 of the judgment are relevant and, therefore, set
out below:
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
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be applied to the cases where condition of policy including
"limitation as to use" is found breached by the insured. It is equally
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:
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 18.01.2019 passed by the Jammu
& Kashmir State Consumer Disputes Redressal Commission,
Jammu ["the Commission"] in an appeal No. 4096/19 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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2025:JKLHC-JMU:3434-DB
18.12.2018 and directed the petitioner-insurance company to pay
the assessed amount of loss of 9.017 KL HSD in the accident i.e.
₹ 4,71,906/- with interest @ 7% per annum from the date of its
payment i.e. 17.08.2016 within six weeks from the date of the
order. The respondent has also been held entitled to a sum of ₹
20,000/- as litigation cost.
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