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1 - 9 of 9 (0.19 seconds)Section 3 in The Motor Vehicles Act, 1988 [Entire Act]
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Section 41 in Consumer Protection Act, 2019 [Entire Act]
New India Assurance Company vs Rabindra Narayan on 19 November, 2009
In this connection reference may be made to a decision of
National Commission in the case of New India Assurance
Company Limited v. Narayan PradsadAppaprasadPathak,
reported in (2006) CPJ 144 (NC). In that case also the question
was, whether the insurance company can repudiate the claims in a
case where the vehicle carrying passengers and the driver did not
have a proper driving license and met with an accident. While
granting claim on non-standard basis the National Commission set
out its judgment the guidelines issued by the Insurance Company
about settling all such non-standard claims."
Consumer Protection Act, 2019
New India Assurance Co. Ltd. vs Narayan Prasad Appaprasad Pathak on 1 February, 2006
13. This commission is of considered view that it is an admitted
position that LA did not have a valid driving license. Thus there is
a breach of the provision of the policy and of Section 3 and 5 of
Motor Vehicle Act. Therefore as per the guidelines laid down in
New India Assurance Company Limited vs Narayan Prasad
Appaprasad Pathak (supra), the complainant is entitled to an
Akshay A/60/2023 Page 8 of 9
award of 75% of the sum insured. Ld. District Commission has
awarded 75% of the claim. The order of the Ld. District
Commission is just, fair and reasonable and it's requires no
interference. Therefore we confirm the order of the Ld. District
Commission. Hence in the interest of justice, following order is
passed.
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