New India Assurance Co. Ltd vs M/S. Hira Lal Ramesh Chand & Ors on 13 June, 2008
11. It is submitted by Shri. Kadam, learned counsel for the appellant that
though the complainant has committed breach of the terms and conditions of the
policy by using the vehicle as passenger carrying vehicle, though it was insured
as private car vehicle, the complainant is entitled for damages on non-standard
basis. To which it is denied by Shri. Dahat, learned counsel for the opponent
insurance company and submitted that when it is obvious on the record that the
complainant has committed the fundamental breach of the terms and conditions
of the policy by using the vehicle as passenger carrying vehicle, he is not entitled
for insurance claim. He has also submitted that driver of the vehicle was also not
having valid driving license and thus the complainant has committed the
fundamental breach of the terms and condition of policy. It is submitted that the
opponent insurance company has rightly repudiated the claim. He has also tried
to support his contention by relying on the decision of Hon'ble Supreme Court in
the case of New India Assurance Co. Ltd. Vs. Praboo Lal- 1 (2008) SC, and also
decision of Hon'ble Supreme Court in the case of- Oriental Insurance Co. Vs.
Ungad Kol and Ors, II (2009) SCC-313 (SC). Whereas Mr. Kadam, learned
5
counsel for the complainant submitted that though the complainant has
committed breach of terms and conditions of the policy his entire claim cannot be
repudiated. According to him the complainant is entitled for 75% of insurance
amount on non-standard basis.