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National Insurance Co. Ltd vs Nitin Khandelwal on 8 May, 2008

Thus, in view of the judgments rendered in Manager, Bajaj Allaianz General Insurance Company Limited versus Bhimraj & Another (supra), National Insurance Company Limited Through Its Regional Manager versus Smt.Golana & Another (supra) and National Insurance Company Limited versus Nitin Khandelwal (supra), there is no iota of doubt that even if the theory of theft is accepted then also the Insurance Company is liable to pay compensation and it cannot be exonerated from its liability especially when it failed to lead any evidence to prove the factum of theft or the vehicle being driven by the unauthorised person or violation of any specific term & condition of the Insurance Policy. Even otherwise, the theory of theft appears to be an afterthought because no Robber will appear before the Claims Tribunal to submit his written statement and to deny the factum of his involvement in the accident. The Property Seizure Memo of the Truck Exhibit P/5 also does not reveal that it was seized from the possession of Arjun Kashyap (Non-Applicant No.1).
Supreme Court of India Cites 6 - Cited by 458 - D Bhandari - Full Document

National Insurance Comp Ltd Through Its ... vs Smt. Golana And Another on 30 August, 2012

Similarly, the Hon'ble Division Bench of the High Court of Judicature at Allahabad in National Insurance Company Limited versus Smt.Golana & Another (supra) has also held that in statutory contract, the rights of the parties are governed by the provisions of the particular statute under which the contract has been entered into between the parties. In such cases, the doctrine enshrines in Section 56 of the Indian Contract Act, 1872 cannot be invoked. Their Lordships of the Division Bench in Paragraph Nos.31,32,33 have held thus:-
Allahabad High Court Cites 22 - Cited by 11 - Full Document

United India Insurance Co. Ltd. vs Kishorilal And Ors. on 21 November, 2003

He lastly submits that in United India Insurance Company Limited versus Kishorilal & Others (supra), the Division Bench of this Hon'ble High Court has not adverted to the fact that mere snatching of the keys of the vehicle resulted in violation of which of the condition of the Insurance Policy entitling the Insurance Company to repudiate the claim, therefore, that judgment being silent, cannot be treated to be legal precedent.
Madhya Pradesh High Court Cites 3 - Cited by 10 - Full Document
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