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1 - 10 of 18 (0.38 seconds)Section 39 in The Motor Vehicles Act, 1988 [Entire Act]
Section 56 in The Motor Vehicles Act, 1988 [Entire Act]
G. Kothainachiar vs The Branch Manager, United India ... on 29 October, 2007
10. Considering the facts and circumstances on record, it is clearly made out that on the date of accident, the said commercial vehicle did not have a certificate of fitness, because the said certificate had expired on 11.4.2005, whereas the accident took place on 5.2.2006. The District Forum while passing their order have rightly relied upon Section 56 of the Motor Vehicles Act, 1988, which says that a transport vehicle shall be deemed to be not validly registered, unless it carries a certificate of fitness. The State Commission has relied upon an order passed by this Commission in G. Kothainachiar vs. United India Insurance Company (supra), saying that the insurance company cannot repudiate the claim when there is no breach of terms of the policy, although there may be breach of the provisions of Motor Vehicles Act, 1988.
Narinder Singh vs New India Assurance Company Ltd And Ors on 4 September, 2014
of Narinder Singh vs. New India Assurance Co. Ltd. (2014) 9 SCC 324 observed that this case was in the context of an accident is immaterial. It is of no consequence that the car was not plying on the road, when it was stolen, the material fact is that concededly, it was driven to a place from where it was stolen, after the expiry of temporary registration. But for its theft, the respondent would have driven back the vehicle.
Agricultural Insurance Company Of ... vs Kemlegowda [Alongwith Revision ... on 5 October, 2006
In the case of United India Insurance Co. Ltd. v. Surinder Kumar, Revision Petition No. 2340 of 2013 it was held that a vehicle shall not be considered validly registered under section 39 of the Motor Vehicle Act, 1988 if it did not possess the required fitness certificate and the case of Narinder Singh and G. Kothainachiar were considered in this case. It is further contended that the State Commission has dismissed the appeal of the petitioner without discussing the contentions of the Petitioner or the findings of the impugned order by giving a blanket statement that "In our opinion, the order passed by the Learned District Commission-II, U.T. Chandigarh being based on correct appreciation of evidence, and law, on the point, does not suffer from any illegality, warranting the interference/modification of this Commission..." making the order a non-speaking order and one with non-application of mind. The insured vehicle met with an accident on 18.10.2017. The Petitioner, being the insurer of the said vehicle was informed about the loss event on 24.10.2017 and surveyor, Inder Pal Singh was immediately appointed to assess the loss to the vehicle. The Surveyor submitted its survey report on 22.02.2018 wherein it has clearly mentioned 'NA' in the column for 'Fitness Certificate Number' thereby confirming that the Respondent No.1 did not have a valid fitness certificate at the time of the accident. The Petitioner also appointed Adv. Ravi Mani for the verification of the Registration Certificate and Route permit of the insured vehicle and the Investigator submitted its report on 07.12.2017 wherein it concluded that the Fitness Certificate of the said vehicle had expired on 14.10.2017. Based on the above findings of the surveyor and the investigator, the Petitioner repudiated the claim of Respondent-1 through letter dated 22.03.2018.
Section 21 in Consumer Protection Act, 2019 [Entire Act]
United India Insurance Co. Ltd. vs Sushil Kumar Godara on 30 September, 2021
In United India Insurance Co. vs. Sushii Kumar Godara, Civil Appeal No. 5887/2021, decided on 30.09.2021, Hon'ble Supreme Court held that"when an insurable incident that potentially results in liability occurs, there should be no fundamental breach of the conditions contained in the contract of Insurance." In this case, the temporary registration of vehicle had expired on the date of incident, the. respondent had not applied for registration or that he was awaiting registration, the vehicle was not only driven, but also taken to another city, where it was stationed overnight, and got stolen there. Hon'ble Court, applying the ratio.