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New India Assurance Company Limited vs Trilochan Jane on 9 December, 2009 cites

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

Learned Counsel for the respondent, relying upon the Judgment of Honble Supreme Court in National Insurance Company Limited v. Nitin Khandelwal reported in (2008) 11 SCC 256 contended that in the case of theft of vehicle, breach of condition is not germane. The said Judgment was in a totally different context. In the said case, the plea taken by the Insurance Company was that the vehicle though insured for personal use was being used as a taxi in violation of the terms of the Policy. The plea raised by the Insurance Company was rejected and it was observed that in the case of theft breach of condition is not germane. In the present case, the respondent did not care to inform the Insurance Company about the theft for a period of 9 days, which could be fatal to the investigation. The delay in lodging the F.I.R. after 2 days of the coming to know of the theft and 9 days to the Insurance Company, can be fatal as, in the meantime, the car could have travelled a long distance or may have been dismantled by that time and sold to kabaadi (scrap dealer).
Supreme Court of India Cites 6 - Cited by 458 - D Bhandari - Full Document
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