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1 - 10 of 13 (0.21 seconds)The Motor Vehicles Act, 1988
Bhagwat vs Branch Manager, United India Insurance ... on 27 February, 2015
In Bhagwat vs. The United India Insurance Company Limited,
IV (2014) CPJ 698 (NC), Hon'ble National Commission has observed
that petitioner never applied before Regional Transport Officer for
getting permanent registration of the vehicle and for failure to meet
// 19 //
statutory requirement regarding registration of the vehicle, the
complainant was not entitled to get claim even on non-standard basis.
Kaushalendra Kumar Mishra vs The Oriental Insurance Co. Ltd. on 16 February, 2012
In support of his case, the State Commission has placed
reliance upon the order of this Commission in the case of Kaushalendra
Kumar Mishra v. Oriental Insurance Company Limited, I (2012)
CPJ 559. Consequently, there was violation of Section 39 of the Motor
Vehicles Act.
Niranjan Kumar Yadav vs National Insurance Co. Ltd. on 29 March, 2011
In Niranjan Kumar Yadav vs. National Insurance Co. Limited,
II (2011) CPJ 64 (NC), Hon'ble National Commission has observed
thus :-
New India Assurance Co. Ltd. vs Pave Infrastructures Pvt. Ltd. on 21 May, 2015
In New India Assurance Co. Ltd., vs. Pave Infrastructures Pvt.
Ltd., 2015 (3) CPR 577 (NC), Hon'ble National Commission has
observed that "Loss of assessment by approved Surveyor can be discarded
only on cogent reasons".
D.N.Badoni vs Oriental Insurance Co.Ltd. on 4 November, 2011
"11.................. This is settled Law that the report of the surveyor is to
be given much more weightage than any other piece of evidence. See the
Law laid down in United India Insurance Co. Ltd. & Others Versus
Roshan Lal Oil Mills Ltd. & Ors. (2000) 10 Supreme Court Cases 19
& in D.N. Badoni Vs. Oriental Insurance Co. Ltd. I (2012) C.P.J. 272
(NC)".
Section 40 in The Motor Vehicles Act, 1988 [Entire Act]
Section 435 in The Indian Penal Code, 1860 [Entire Act]
Iffco-Tokio General Insurance Co.Ltd. vs Niteen Kumar Mittal on 30 March, 2016
11. The duty cast upon the complainant / owner to submit
application for registration before the Registering Authority within
seven days from the date of taking delivery of the vehicle along with
Sale Certificate and valid insurance certificate, but in the instant case,
the complainant did not obtain Certificate of Registration. Shri P.K.
Paul, has further argued that that the insurance policy was issued in
favour of the complainant for unregistered vehicle on the basis of
engine number and chassis number of the vehicle. The vehicle in
question was being used by the complainant without Certificate of
Registration, which is violation of provisions of Section 39 and 43 of The
Motor Vehicles Act, 1988, therefore, the O.P.No.2 has repudiated the
claim of the complainant. On the basis of Survey Report, the
Insurance Company came to the conclusion that on 08.02.2014 the
vehicle in question was not registered with the R.T.O. and the
complainant was using the vehicle without obtaining Certificate of
Registration, which is violation of provisions of Section 39 and 43 of The
Motor Vehicles Act, 1988, therefore, the Insurance Company has rightly
repudiated the claim of the complainant and by doing so, it has not
committed any deficiency in service or unfair trade practice. The
impugned order passed by the District Forum, is erroneous, and is
liable to be set aside. He placed reliance on The New India Assurance
Company Limited, Through Its Manager, Ambikapur, District
Ambikapur (C.G.) Vs. Shri Preetam Soni and another, Appeal
// 11 //
No.FA/2015/441 decided by this Commission on 28.12.2015 and Iffco
Tokio General Insurance Company Limited Vs. Shri Nitin Kumar
Mittal - Appeal No.FA/2015/232 decided by this Commission on
30.03.2016.