w w w . L a w y e r S e r v i c e s . i n



United India Insurance Co. Ltd., New Delhi v/s Singhla Engineers & Contractors Pvt. Ltd. & Another


Company & Directors' Information:- ENGINEERS INDIA LIMITED [Active] CIN = L74899DL1965GOI004352

Company & Directors' Information:- UNITED INDIA INSURANCE COMPANY LIMITED [Active] CIN = U93090TN1938GOI000108

Company & Directors' Information:- TO THE NEW PRIVATE LIMITED [Active] CIN = U72900DL2006PTC235208

Company & Directors' Information:- A K ENGINEERS & CONTRACTORS PRIVATE LIMITED [Active] CIN = U45400JK2015PTC004554

Company & Directors' Information:- M AND COMPANY ENGINEERS AND CONTRACTORS PRIVATE LIMITED [Active] CIN = U45203JK2006PTC002642

Company & Directors' Information:- M M ENGINEERS PRIVATE LIMITED [Active] CIN = U02919TZ1987PTC001936

Company & Directors' Information:- D S CONTRACTORS PRIVATE LIMITED [Active] CIN = U45201PB1995PTC017058

Company & Directors' Information:- N L ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1997PTC020362

Company & Directors' Information:- S AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U51103TZ2009PTC015456

Company & Directors' Information:- V A ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U29299MH1997PTC215888

Company & Directors' Information:- I & B ENGINEERS PRIVATE LIMITED [Active] CIN = U45309WB2008PTC124644

Company & Directors' Information:- UNITED ENGINEERS PRIVATE LIMITED [Active] CIN = U31909OR2008PTC010158

Company & Directors' Information:- AT AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U45203DL2012PTC239940

Company & Directors' Information:- C C ENGINEERS PVT LTD [Active] CIN = U30009PN1991PTC063868

Company & Directors' Information:- M AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036107

Company & Directors' Information:- J G ENGINEERS PVT LTD [Active] CIN = U45402WB1970PTC027713

Company & Directors' Information:- P E ENGINEERS PVT LTD [Active] CIN = U74210TG1981PTC003247

Company & Directors' Information:- M S ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159314

Company & Directors' Information:- C K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1997PTC020744

Company & Directors' Information:- I T CONTRACTORS PRIVATE LIMITED [Active] CIN = U85110KA1999PTC024699

Company & Directors' Information:- A V ENGINEERS PRIVATE LIMITED [Active] CIN = U29306CH2002PTC024874

Company & Directors' Information:- J AND K ENGINEERS PVT LTD [Converted to LLP and Dissolved] CIN = U29259GJ1982PTC005625

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U93000MH2014PTC258844

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U74999MH2014PTC258844

Company & Directors' Information:- T & I ENGINEERS PRIVATE LIMITED [Active] CIN = U29252AS2000PTC006243

Company & Directors' Information:- T & T ENGINEERS AND CONTRACTORS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2006PTC040661

Company & Directors' Information:- THE NEW INSURANCE LIMITED [Strike Off] CIN = U66010UP1933PLC000509

Company & Directors' Information:- B. K. ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U28112MH2011PTC214002

Company & Directors' Information:- K S CONTRACTORS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC046445

Company & Directors' Information:- K A ENGINEERS PRIVATE LIMITED [Active] CIN = U74999DL2003PTC119859

Company & Directors' Information:- K L R ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TG1996PTC024040

Company & Directors' Information:- S D CONTRACTORS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063036

Company & Directors' Information:- J B C ENGINEERS PRIVATE LIMITED. [Active] CIN = U31300DL2004PTC125469

Company & Directors' Information:- T R ENGINEERS PRIVATE LIMITED [Active] CIN = U29111DL2004PTC126852

Company & Directors' Information:- D C ENGINEERS PRIVATE LIMITED [Active] CIN = U74210MH1999PTC118382

Company & Directors' Information:- M M CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U74899DL1996PTC033022

Company & Directors' Information:- E C ENGINEERS PVT LTD [Active] CIN = U28920MH1981PTC024675

Company & Directors' Information:- V M CONTRACTORS PRIVATE LIMITED [Active] CIN = U45201KA2010PTC052158

Company & Directors' Information:- K B ENGINEERS PVT LTD [Strike Off] CIN = U27202WB1987PTC041979

Company & Directors' Information:- N. C. R. ENGINEERS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034625

Company & Directors' Information:- V K G ENGINEERS PVT LTD [Strike Off] CIN = U45202PB2006PTC030194

Company & Directors' Information:- J C ENGINEERS PRIVATE LIMITED [Active] CIN = U29248HR1988PTC030208

Company & Directors' Information:- K C ENGINEERS LIMITED [Active] CIN = U74999HR2005PLC035602

Company & Directors' Information:- K C ENGINEERS PRIVATE LIMITED [Active] CIN = U74999HR2005PTC035602

Company & Directors' Information:- M K CONTRACTORS PRIVATE LIMITED [Active] CIN = U00310BR1992PTC005125

Company & Directors' Information:- C & L ENGINEERS (INDIA) PVT. LTD. [Strike Off] CIN = U29190DL1998PTC096952

Company & Directors' Information:- G AND M ENGINEERS PVT. LTD. [Strike Off] CIN = U74210MH1986PTC041517

Company & Directors' Information:- R R CONTRACTORS PVT LTD [Strike Off] CIN = U45203PB1987PTC007556

Company & Directors' Information:- H V ENGINEERS PVT LTD [Active] CIN = U45202PB1978PTC003839

Company & Directors' Information:- I T ENGINEERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136156

Company & Directors' Information:- E B P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U52392DL2003PTC118311

Company & Directors' Information:- S M R ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29199TZ2000PTC009464

Company & Directors' Information:- G M CONTRACTORS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC132936

Company & Directors' Information:- J AND C CONTRACTORS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC128996

Company & Directors' Information:- S M CONTRACTORS INDIA PRIVATE LIMITED [Active] CIN = U28112OR2000PTC006229

Company & Directors' Information:- K P CONTRACTORS PRIVATE LIMITED [Active] CIN = U45200DL2008PTC181048

Company & Directors' Information:- V B ENGINEERS PRIVATE LIMITED [Active] CIN = U25209MH2009PTC191163

Company & Directors' Information:- NEW UNITED ENGINEERS PVT LTD [Strike Off] CIN = U31909WB1992PTC053992

Company & Directors' Information:- D V ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061013

Company & Directors' Information:- F L B ENGINEERS PRIVATE LIMITED [Active] CIN = U28932MH1985PTC035994

Company & Directors' Information:- S B R ENGINEER'S PRIVATE LIMITED [Strike Off] CIN = U45202WB2000PTC092506

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120PN2010PTC136515

Company & Directors' Information:- B S CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U51395MH1997PTC110222

Company & Directors' Information:- M V ENGINEERS AND CONTRACTORS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400HR2015PTC055923

Company & Directors' Information:- H M S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29219CH1991PTC011585

Company & Directors' Information:- B AND B CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U70200DL1999PTC099006

Company & Directors' Information:- P M C ENGINEERS PVT LTD [Strike Off] CIN = U74210KL1981PTC003354

Company & Directors' Information:- S L V ENGINEERS PRIVATE LIMITED [Active] CIN = U72501TZ2000PTC009366

Company & Directors' Information:- CONTRACTORS INDIA LIMITED [Active] CIN = U74899DL1998PLC095838

Company & Directors' Information:- D V ENGINEERS AND CONTRACTORS PRIVATE LIMITED [Active] CIN = U45200MH1999PTC120226

Company & Directors' Information:- P C ENGINEERS PRIVATE LIMITED [Active] CIN = U34300CH1985PTC006093

Company & Directors' Information:- R H ENGINEERS PVT LTD [Active] CIN = U74200CH1984PTC005944

Company & Directors' Information:- G S ENGINEERS PVT LTD [Active] CIN = U74210PB1994PTC014225

Company & Directors' Information:- H I ENGINEERS PVT LTD [Active] CIN = U74210WB1984PTC037097

Company & Directors' Information:- S A ENGINEERS LTD [Strike Off] CIN = U28932WB1977PLC031202

Company & Directors' Information:- ENGINEERS LTD [Strike Off] CIN = U29100WB1933PLC007579

Company & Directors' Information:- G B ENGINEERS PVT LTD [Strike Off] CIN = U74210WB1982PTC034958

Company & Directors' Information:- R. J. ENGINEERS PRIVATE LIMITED [Active] CIN = U29199TZ1990PTC002690

Company & Directors' Information:- AMP ENGINEERS PVT LTD [Strike Off] CIN = U21011UP1988PTC010091

Company & Directors' Information:- UNITED CONTRACTORS PVT LTD [Active] CIN = U25209GJ1988PTC011590

Company & Directors' Information:- A R ENGINEERS PVT LTD [Strike Off] CIN = U45203OR1993PTC003413

Company & Directors' Information:- P & A ENGINEERS PRIVATE LIMITED [Active] CIN = U70101OR2011PTC014428

Company & Directors' Information:- M AND D (ENGINEERS) PRIVATE LIMITED [Active] CIN = U28932MH1975PTC018333

Company & Directors' Information:- L R CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U45400UP2010PTC042822

Company & Directors' Information:- A G ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024138

Company & Directors' Information:- Y A ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC110304

Company & Directors' Information:- R. F. ENGINEERS PRIVATE LIMITED [Active] CIN = U32100DL2010PTC199732

Company & Directors' Information:- S R CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U70101CH2000PTC023298

Company & Directors' Information:- J K CONTRACTORS PVT LTD [Strike Off] CIN = U74210PB1989PTC009210

Company & Directors' Information:- K J S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74210DL1998PTC093851

Company & Directors' Information:- A P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1991PTC013866

Company & Directors' Information:- S S ENGINEERS PVT LTD [Strike Off] CIN = U28931TN1987PTC015093

Company & Directors' Information:- A S ENGINEERS PVT LTD [Strike Off] CIN = U74999TG1988PTC008455

Company & Directors' Information:- N R S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1992PTC014881

Company & Directors' Information:- H J ENGINEERS PRIVATE LTD [Active] CIN = U74899DL1987PTC027668

Company & Directors' Information:- B L AND CO NEW DELHI PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004910

Company & Directors' Information:- B-8 ENGINEERS AND CONTRACTORS PRIVATE LIMITED [Active] CIN = U70200KL2016PTC045809

Company & Directors' Information:- D AND S - ENGINEERS AND CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U45202PN2000PTC015677

Company & Directors' Information:- A R ENGINEERS PVT LTD [Not available for efiling] CIN = U71220UP1978PTC004701

Company & Directors' Information:- K K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1984PTC005826

Company & Directors' Information:- A K CONTRACTORS PRIVATE LIMITED [Active] CIN = U70101DL2000PTC108124

Company & Directors' Information:- D H ENGINEERS PVT LTD [Strike Off] CIN = U51109WB1963PTC025758

Company & Directors' Information:- S. K. V. CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U93000UP2008PTC034564

Company & Directors' Information:- R B ENGINEERS PRIVATE LIMITED [Active] CIN = U24230MH2003PTC141901

Company & Directors' Information:- V R G CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U45209PB2015PTC039367

Company & Directors' Information:- F S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TN1973PTC006482

Company & Directors' Information:- U. K. ENGINEERS PRIVATE LIMITED [Active] CIN = U31900PN2008PTC132332

Company & Directors' Information:- A V CONTRACTORS & ENGINEERS PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203385

Company & Directors' Information:- S. C. ENGINEERS & CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U31908MH2013PTC242970

Company & Directors' Information:- J B ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74900MH2012PTC226187

Company & Directors' Information:- S & E ENGINEERS PRIVATE LIMITED [Active] CIN = U74999PN2010PTC135666

Company & Directors' Information:- J V CONTRACTORS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC047876

Company & Directors' Information:- D B S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210UP2010PTC084195

Company & Directors' Information:- G H ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28939DL2004PTC130703

Company & Directors' Information:- N R ENGINEERS PRIVATE LIMITED [Active] CIN = U29292DL2011PTC221986

Company & Directors' Information:- N. R. CONTRACTORS PRIVATE LIMITED [Active] CIN = U45202DL2011PTC229512

Company & Directors' Information:- K. V. S. CONTRACTORS PRIVATE LIMITED [Active] CIN = U45204DL2011PTC214899

Company & Directors' Information:- A S CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC030738

Company & Directors' Information:- K M ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC272465

Company & Directors' Information:- V. V. ENGINEERS & CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U45400DL2016PTC290887

Company & Directors' Information:- H. P. CONTRACTORS PRIVATE LIMITED [Strike Off] CIN = U45400HR2014PTC051780

Company & Directors' Information:- S & V CONTRACTORS AND ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45200KL2001PTC014980

Company & Directors' Information:- NEW INDIA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U36999TN1940PTC001776

Company & Directors' Information:- I.N. INSURANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U67200DL1994PTC062554

Company & Directors' Information:- N K ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U65921UP1954PTC002533

Company & Directors' Information:- INSURANCE OF INDIA LTD [Strike Off] CIN = U67200WB1936PLC008634

Company & Directors' Information:- H. R. ENGINEERS PVT LTD [Strike Off] CIN = U74999PB1973PTC003316

Company & Directors' Information:- ENGINEERS CORPORATION PVT LTD [Strike Off] CIN = U74300WB1946PTC022035

Company & Directors' Information:- I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74140DL1983PTC017046

Company & Directors' Information:- UNITED CONTRACTORS PVT. LTD. [Strike Off] CIN = U45201GJ1987PTC009417

Company & Directors' Information:- CONTRACTORS LIMITED [Dissolved] CIN = U99999MH1946PLC010358

Company & Directors' Information:- UNITED CORPORATION LIMITED [Liquidated] CIN = U99999TN1942PLC003159

Company & Directors' Information:- THE ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U99999KA1948PTC000551

Company & Directors' Information:- M. AND S. (ENGINEERS) LIMITED [Dissolved] CIN = U99999MH1952PLC008956

    Revision Petition No. 313 of 2015

    Decided On, 24 August 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. ANUP K THAKUR
    By, PRESIDING MEMBER

    For the Petitioner: Ravi Bakshi, Advocate. For the Respondents: R1, Gagan Gupta, Advocate, R2, Nemo.



Judgment Text


Anup K. Thakur

1. This Revision Petition No.313 of 2015 challenges the order of State Consumer Disputes Redressal Commission, Punjab, Chandigarh in F.A. No.1551 of 2012 and F.A. No.1556 of 2012. The petitioner/appellants’ appeal had been disposed off by partly accepting F.A. No.1551 of 2012 and reducing the claim payable to the respondent/complainant from that awarded by the District Forum, from Rs.4,99,715/- to Rs.3,57,133/-, on non-standard basis. The other appeal, F.A. No.1556 of 2012 filed by the respondent/complainant, seeking enhancement in the compensation, had been dismissed vide the impugned order of the State Commission. In turn, the District Forum had accepted the complaint against the petitioner/OP1, setting aside the letter of repudiation of the claim and directing the petitioner/OP1 to pay Rs.4,99,715/-. As such, this revision petition challenges the concurrent findings of the District Forum and the State Commission.

2. Brief facts of the case are that the respondent/complainant (hereafter, ‘complainant’), owner of transit mixture Truck No.PB-03-T-9388, had the vehicle insured with the petitioner/OP1-United India Insurance Company Ltd. (hereafter, ‘OP1’), with effect from 9.3.2010 to 8.3.2011. The IDV of the vehicle was Rs.17,50,000/-. The said vehicle, while working on upgradation of Deodar to Nainawali road and link in District Yamuna Nagar, Haryana, met with an accident on the intervening night of 30/31.7.2010 at 1.30 a.m. The OP1 was intimated immediately and Mr. Sumit Goyal, surveyor was appointed for spot survey and the vehicle was removed with the help of recovery vehicle and shifted to Bathinda and thereafter to the authorized centre at Chandigarh. All these movements involved expenditure by the complainant. The vehicle was heavily damaged and an estimate of Rs.11,52,448/- was made for it’s repair. Thereafter, the final surveyor was appointed by OP1 from Ludhiana. Per the plaint, the final surveyor did not permit the complainant to start repair under supervision and so, compelled the complainant to hire another similar vehicle, at a cost of Rs.1,19,897/-. As his claim was not allowed by OP1, vide repudiation letter dated 21.12.2011, a consumer complaint was filed with the District Forum. As already stated, District Forum had allowed the complaint partly and the State Commission thereafter had reduced the quantum of compensation, vide the impugned order, and directed that the claim be restricted to 75% of the total permissible amount, Rs. 4,76,177.34, on non-standard basis.

3. Arguments were heard on 14.7.2020.

4. Learned counsel for the petitioner submitted that the claim of the complainant had been declined by OP1 on the twin grounds that the vehicle did not have a route permit at the time of the accident and that this was a clear fundamental violation of the Motor Vehicles Act as well as the insurance policy terms and conditions. He argued that both these aspects of law seemed to have been overlooked by the lower fora. In support, the learned counsel invoked a few citations to support the argument that lack of route permit was a fundamental breach of the contract of insurance and that therefore OP1’s repudiation was fully justified. In R.P. No.2600 of 2014, decided on 28.1.2015 by the National Commission, in the case of United India Ins. Co. Ltd. Vs. Kishore Sharma, as the vehicle was being plied as a taxi without valid permit, it had been held, in paras 18 to 24 thereof, that in view of the violation of the terms and conditions of the policy as also violation of the provisions of the M.V. Act, 1988, the petitioner was justified in repudiating the claim of the respondent/complainant. In R.P. No.2476 of 2012 decided on 6.2.2014, in the matter of New India Ass. Co. Ltd. Vs. Birbal Singh Jhakhar, it was held, in paras 9 and 11, that the vehicle was being plied without a valid permit, in violation of limitation as to use clause of the policy, and this amounted to a fundamental breach of the insurance contract, and therefore, the petitioner insurance company was justified in repudiating the claim. In R.P. No.3101 of 2013, vide decision dated 14.2.2014, New India Ass. Co. Ltd. vs. Rajesh Yadav, it was held that the insurance for a Haryana registered vehicle without a valid permit which was stolen in Delhi could not be claimed even on non-standard basis. The Apex Court in its judgment dated 17.7.2018, in C.A. No.2253/2018, Amrit Paul Singh & anr. Vs. TATA AIG General Insurance Co. Ltd. & ors., had adjudicated a case which involved a vehicle which did not have a route permit on the date of the accident but which had been applied for and became available at a later date: the Apex Court had held that this would not help as there was no permit on the date of the accident and that this was a fundamental statutory infraction, dismissed the appeal. The learned counsel concluded his arguments by essentially submitting that in the instant case, the vehicle did not possess route permit at the time of the accident, that this permit was obtained later by the complainant but that this could not help the case of the complainant. What was material was whether or not the vehicle had a valid route permit for operation in Haryana. So, the fact that the vehicle had a permit in Punjab was of no avail to the complainant. Learned counsel for the petitioner therefore basically argued that it was clear from the citations and the facts of the case that the lower fora had committed an error apparent and misinterpreted the law and that payment on non-standard basis as directed by the State Commission would amount to rewriting of the insurance contract.

5. Counsel for the respondent/complainant confined his arguments to whether non possession of the route permit at the time of the accident was a fundamental breach of the insurance contract, and so fundamental that the repudiation was the only option left to the insurance company. He argued that the allegation of fundamental breach of contract could not be sustained. In the instant matter under consideration, it was not the case at all that the vehicle did not have a route permit; rather, it was the case that it did have a route permit for Punjab and that in the course of its work, it diverted to Yamuna Nagar, Haryana, and was engaged in work there when the accident happened. It was further the case that as soon as the complainant became aware after the accident that the accident site was in Haryana and that a route permit in Haryana was also required, he immediately took steps to obtain a temporary permit, and this temporary permit was granted by the Haryana Government and was made effective from 01.07.2010 to 30.09.2010. As such, it cannot be said that the vehicle did not have a route permit on the date of the accident, even though it may have been obtained subsequent to the accident. This would make it clear that there was no intention of the complainant to be without a route permit; rather, it was an inadvertent error and the moment it was realized, remedial steps followed immediately. Thus, the complainant’s conduct would show clearly that the non-possession of route permit was at best an irregularity, and certainly not a fundamental breach. Further, he argued that it was nobody’s case that the fact of there being no route permit had any nexus with the accident that took place.

6. In support the learned counsel for the complainant invoked some citations.

7. In R.P. No.1870 of 2015, decided by this Commission on 14.8.2018, in the matter of New India Ass. Co. Ltd. Vs. Thirath Singh Brar, the Commission upheld the concurrent findings of the lower fora favouring the complainant, holding that the twin facts viz. the vehicle was not being put to commercial use ( as specifically pleaded by the complainant) and that there was no nexus of the damage caused to the vehicle with the factum of non-possession of the route permit, and modified the order of compensation to settlement on non-standard basis, relying upon the Hon’ble Apex Court’s judgement in the case of Amlendu Sahu vs Oriental Insurance Co. ltd. (2010) 4 SCC 536. In R.P. No.1739 of 2017, National Insurance Co. Ltd. Vs. Narender Gupta, the Commission decided vide judgment dated 27.7.2017 that repudiation of the claim was not proper simply because the route permit expired on 28.6.2014 while the accident had taken place on 16.7.2014 which had been subsequently renewed with retrospective effect. In 2013 ACJ 1213, the Hon’ble High Court of Punjab and Haryana, in a matter in which the insurance claim had been repudiated because the vehicle had permit for Rajasthan but not for Haryana, it was held that since the transport authority of the Rajasthan had found the vehicle fit for being run as a goods carriage, it could not be said that the vehicle was plied without a route permit. The violation of bringing the vehicle to Haryana without a valid route permit for plying the same in that state would not amount to violation of the conditions of the insurance policy. The court had also remarked that the case before it was not a case of where there was no route permit at all.

8. After hearing the learned counsels, carefully perusing the record including citations furnished, I am of the view that this revision petition cannot sustain.

9. Admittedly, the vehicle did not have a valid route permit for Haryana. While OP1 has found in this a fundamental violation of the terms and conditions of the insurance policy, as it is in violation of section 66 of the Motor Vehicles Act, and on that basis, has repudiated the claim entirely, the complainant’s case is that an inadvertent error on its part, without any intent, cannot be adjudged to be a fundamental breach. I am inclined to agree with the complainant.

10. There is a huge distinction between not having a route permit at all and having a route permit but not having the relevant route permit at a point of time. Latter is the situation in the case at hand. It is reasonable to say that the complainant, as soon as it became aware that it did not possess a route permit for the accident site, took immediate steps to rectify the situation. Nothing greatly amiss was found in such conduct by the concerned Haryana authorities either as such a permit was granted with retrospective effect. This suggests that non-possession of a route permit was not an act of intent, with any malafide motive; indeed, it could not be as it is hard to imagine how the complainant would have gained by not having a route permit. The

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very fact that the complainant had a route permit for Punjab, it was surely not a problem to have one for Haryana also. As argued by the counsel, the vehicle wandered into Haryana without realizing the fact, a reasonable proposition given the contiguity of the two states. The error in not having a route permit was admitted; that this was an error of such seriousness is hard to digest. 11. There is also the fact that whether or not the vehicle had a route permit had nothing whatsoever to do with the fact of the accident and the damage caused thereby. The insurance cover was taken for damage due to unforeseen events. The accident was unforeseen and unexpected. No malafide on the part of the complainant with a view to gain pecuniary advantage from the insurance company has been alleged. The conduct of the complainant has not been called in question. In such circumstances, OP is bound to provide insurance cover and honour the cover, in the instant case involving what can at best be called a technical irregularity and not a fundamental breach. 12. In view of the discussion above, this revision petition, after consideration, stands dismissed.
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06-10-2020 Small Industries Development Bank of India, Chennai & Others Versus Creation Investments Equitas Holdings LLC A wholly owned subsidiary of Creation Investments Social Ventures Fund II LP, United States of America & Others High Court of Judicature at Madras
06-10-2020 United India Insurance Co. Ltd., Rasipuram & Others Versus Arukkani & Others High Court of Judicature at Madras
06-10-2020 United India Insurance Company Limited, Udumalpet Versus N. Thangavel, & Others High Court of Judicature at Madras
06-10-2020 Jewellery World, Orissa Versus Oriental Insurance Company Ltd., Orissa National Consumer Disputes Redressal Commission NCDRC
06-10-2020 Rikhab Jain Versus M/S. Trackon Couriers Private Limited, New Delhi & Others National Consumer Disputes Redressal Commission NCDRC
05-10-2020 Parul Majumdar Laskar & Others Versus The Union of India to Be Rep. By The Secy., Ministry of Home Affairs, Govt. of India, New Delhi & Others High Court of Gauhati
05-10-2020 Tarun Kanti Chowdhury & Others Versus Oriental Insurance Co. Ltd., New Delhi & Others National Consumer Disputes Redressal Commission NCDRC
01-10-2020 Ujwala Prasad & Others Versus New India Assurance Company Ltd., Rep. by Division Manager & Others High Court of Karnataka
01-10-2020 Ujwala Prasad & Others Versus New India Assurance Company Ltd., Rep. by Division Manager & Others High Court of Karnataka
01-10-2020 Bayer New Zealand Limited Versus Ministry For Primary Industries Court of Appeal of New Zealand
01-10-2020 M. Meenachi Muppidathi Versus The Government of India, Representing by The Secretary, Ministry of Home Affairs, New Delhi & Another Before the Madurai Bench of Madras High Court
01-10-2020 M. Meenachi Muppidathi Versus The Government of India, Representing by The Secretary, Ministry of Home Affairs, New Delhi & Another Before the Madurai Bench of Madras High Court
01-10-2020 The Oriental Insurance Company Limited, Kumbakonam, Represented by its Branch manager, Kumbakonam Versus Nirmala & Another High Court of Judicature at Madras
01-10-2020 The Divisional Manager, United India Insurance Co. Ltd., Vellore Versus M. Suresh & Another High Court of Judicature at Madras
01-10-2020 Construction Industry Development Council, New Delhi Versus Arjun Singh & Others National Consumer Disputes Redressal Commission NCDRC
01-10-2020 M/s. Harihar Buildspace Pvt. Ltd. G-III, Amar Palace, Panchsheel Square, Dhantoli, Nagpur Versus Union of India Through its Chief Secretary, Ministry of Power, Shramshakti Bhavan, New Delhi & Others In the High Court of Bombay at Nagpur
30-09-2020 Lalatendu Nayak & Another Versus Supertech Ltd., New Delhi National Consumer Disputes Redressal Commission NCDRC
30-09-2020 M/s. TDI Infrastructure Ltd., New Delhi Versus Col. B.S. Goraya & Another National Consumer Disputes Redressal Commission NCDRC
30-09-2020 Vinkem Labs Ltd., Represented by its Managing Director M. Perumal & Others Versus Union of India, Represented by its Secretary to Government, New Delhi & Others High Court of Judicature at Madras
30-09-2020 Vinkem Labs Ltd., Represented by its Managing Director M. Perumal & Others Versus Union of India, Represented by its Secretary to Government, New Delhi & Others High Court of Judicature at Madras
30-09-2020 Vinkem Labs Ltd., Represented by its Managing Director M. Perumal & Others Versus Union of India, Represented by its Secretary to Government, New Delhi & Others High Court of Judicature at Madras
30-09-2020 Pavai Varam Educational Trust, Established & Namakkal Represented by Chairman, V. Natarajan Versus The Pharmacy Council of India, Represented by the Secretary Cum Registrar, New Delhi High Court of Judicature at Madras
30-09-2020 Vinkem Labs Ltd., Represented by its Managing Director M. Perumal & Others Versus Union of India, Represented by its Secretary to Government, New Delhi & Others High Court of Judicature at Madras
30-09-2020 M/s. Taneja Developers & Infrastructure Ltd., New Delhi Versus Col. B.S. Goraya National Consumer Disputes Redressal Commission NCDRC
29-09-2020 Oriental Insurance Co. Ltd., Raipur Versus Brahmanand Javvadi National Consumer Disputes Redressal Commission NCDRC
29-09-2020 National Insurance Co. Ltd. Versus Yuraj Yadu Sawant & Others In the High Court of Bombay at Goa
29-09-2020 National Insurance Co. Ltd. Versus Yuraj Yadu Sawant & Others In the High Court of Bombay at Goa
29-09-2020 Oriental College of Teacher Education, Calicut, Represented by Its Manager Versus The Regional Director, National Council for Teacher Education, New Delhi High Court of Kerala
29-09-2020 Mangala & Others Versus National Insurance Company Limited, (Ori. Respondent) Through its Manager In the High Court of Bombay at Nagpur
28-09-2020 National Insurance Co. Ltd., Divisional Office, Panaji, Goa, Now Represented by its Regional Manager, Bengaluru Versus Imran Khan & Others High Court of Karnataka
28-09-2020 The Managing Director, KSRTC, Central Offices, Represented by its Divisional Controller, Mangaluru Versus National Insurance Co. Ltd. & Another High Court of Karnataka
28-09-2020 M/s. Shankar Jewels & Others Versus United India Insurance Co. Ltd., Rajasthan & Others National Consumer Disputes Redressal Commission NCDRC
28-09-2020 M/s. Tata Aig General Insurance Co. Ltd., Maharashtra Versus T. Paul Raj National Consumer Disputes Redressal Commission NCDRC
25-09-2020 Reliance General Insurance Company Ltd., Madurai Versus Tamilarasan & Others High Court of Judicature at Madras
25-09-2020 Rhonpal Biotech Pvt. Ltd. Versus New Delhi Municipal Council & Others High Court of Delhi
25-09-2020 United India Insurance Co. Ltd., Kumbakonam Versus Natarajan & Others High Court of Judicature at Madras
23-09-2020 Shriram General Insurance Co. Ltd., Rajasthan Versus Nirmala Devi & Another National Consumer Disputes Redressal Commission NCDRC
23-09-2020 C.M. Gadha & Another Versus Bar Council of India, New Delhi, Rep. by Its Secretary & Others High Court of Kerala
23-09-2020 Charu Sharma & Others Versus Birla Sun Life Insurance Company Ltd., Maharshtra & Others National Consumer Disputes Redressal Commission NCDRC
23-09-2020 Manager, United India Insurance Company Limited, Namakkal Versus Shanmugam & Others High Court of Judicature at Madras
22-09-2020 P.S. Dilip Kumar Versus Union of India, Represented by its Secretary, Ministry of Finance, New Delhi & Others High Court of Kerala
22-09-2020 Elite International Pvt. Ltd., Mumbai Versus United India Insurance Co. Ltd., Chennai & Another National Consumer Disputes Redressal Commission NCDRC
22-09-2020 Bhilai Engineering Corporation Ltd., Through Madhavdas K., Authorised Signatory Bec Nandinin Road Industrial Area, Chhattisgarh Versus United India Insurance Company Ltd. Through Senior Divisional Manager, Chhattisgarh National Consumer Disputes Redressal Commission NCDRC
22-09-2020 The Oriental Insurance Co. Ltd. Through- Its Divisional Manager, Chhattisgarh Versus Vivek Giri & Another High Court of Chhattisgarh
22-09-2020 The Oriental Insurance Co. Ltd. Through- Its Divisional Manager, Chhattisgarh Versus Vivek Giri & Another High Court of Chhattisgarh
21-09-2020 The New India Assurance Co. Ltd., Versus & Others High Court of Judicature at Madras
21-09-2020 Oriental Insurance Co. Ltd., New Delhi Versus M/s. Guptasons Jewellers & Gems Pvt. Ltd., New Delhi National Consumer Disputes Redressal Commission NCDRC
21-09-2020 Tvl. Transtonnelstroy Afcons Joint Venture, Represented by its Authorised Signatory, Chennai Versus Union of India, Represented by its Secretary, Ministry of Finance, New Delhi & Others High Court of Judicature at Madras
21-09-2020 Branch Manager, National Insurance Co. Ltd., Chitradurga & Others Versus D. Mallappa & Another High Court of Karnataka
21-09-2020 New India Assurance Co. Ltd., Represented by its Divisional Manager Versus Shanthamma & Another High Court of Karnataka
21-09-2020 The Oriental Insurance Co. Ltd. Coimbatore & Another Versus N. Dhanalakshmi & Others High Court of Judicature at Madras
18-09-2020 Heinz India Private Limited Versus National Insurance Company Limited & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2020 Advocate Thoufeek Ahamed Versus Union of India, Represented by Secretary (Justice), Ministry of Law & Justice, New Delhi & Another High Court of Kerala
17-09-2020 Katherine Anne Starr Phillips Versus New Zealand Police Court of Appeal of New Zealand
16-09-2020 Manager [Legal], Reliance General Insurance Company, Chennai Versus Jeya & Others Before the Madurai Bench of Madras High Court
15-09-2020 The New India Assurance Co. Ltd., Represented by its Manager Versus Girija & Another High Court of Karnataka
15-09-2020 The Oriental Insurance Company Limited, Bengaluru Versus Vishwanatha & Another High Court of Karnataka
15-09-2020 United India Insurance Company Ltd., Through The Regional Manager, New Delhi Versus Dinesh Vijay National Consumer Disputes Redressal Commission NCDRC
14-09-2020 United India Insurance Company Ltd., Represented by its Branch Manager, Vellore Versus Krishnaveni & Others High Court of Judicature at Madras
14-09-2020 Tuticorin Stevedores' Association, Rep.by its Secretary, Tuticorin Versus The Government of India, Rep.by its Secretary, Ministry of Shipping, New Delhi & Others Before the Madurai Bench of Madras High Court
14-09-2020 Dr. Varghese Perayil Versus The Election Commission of India, New Delhi, Rep. by Its Secretary & Others High Court of Kerala
11-09-2020 The Branch Manager, National Insurance Company Ltd, Puducherry Versus Ulagaratchagan & Another High Court of Judicature at Madras
10-09-2020 Raina Begum Versus The Union of India Rep. By The Comm & Secy. to The Govt. of India, Home Deptt., New Delhi-01, India & Others High Court of Gauhati
10-09-2020 United India Insurance Company Ltd., Anna Salai, Versus Selvi & Others High Court of Judicature at Madras
10-09-2020 United India Insurance Company Ltd., Rajasthan Versus M/s. Radhika Oil Industries, Rajasthan National Consumer Disputes Redressal Commission NCDRC
09-09-2020 Pyar Singh Versus Manager, United India Insurance Co. Ltd., Rajasthan & Another National Consumer Disputes Redressal Commission NCDRC
09-09-2020 Oriental College of Teacher Education, Represented by Its Manager, Calicut Versus The Regional Director, National Council for Teacher Education, New Delhi High Court of Kerala
08-09-2020 S. Jagannatha Rao Versus Air India Limited, Rep. by its Chairman and Managing Director, New Delhi & Others High Court of Judicature at Madras
08-09-2020 The United India Insurance Co. Ltd., Chidambaram Versus Emili & Others High Court of Judicature at Madras
08-09-2020 The Dental Council of India, Aiwan-E-Galib Marg, New Delhi Versus PSR Lakhmi Bhuvaneshwari Preethi & Others High Court of Judicature at Madras
08-09-2020 The Branch Manager, The New India Assurance Co. Ltd., Karaikudi Versus Rani & Others High Court of Judicature at Madras
07-09-2020 United India Insurance Co. Ltd., Through its Divisional Manager, Osmanpura, Aurangabad Versus Chandrakala & Others In the High Court of Bombay at Aurangabad
07-09-2020 Badri Narayan Singh & Another Versus The Ministry of Home Affairs (MHA) Government of India, through the Home Secretary North Block, New Delhi & Others High Court of Judicature at Patna
07-09-2020 The New India Assurance Company Limited Versus Somwati & Others Supreme Court of India
04-09-2020 Tata AIG General Insurance Company Limited Through Its Manager, Maharashtra Versus Banshiram Bishnoi National Consumer Disputes Redressal Commission NCDRC
03-09-2020 B. Rajesh & Another Versus Union of India, Rep. by its Ministry of Corporate Affairs, New Delhi & Others High Court of Judicature at Madras
03-09-2020 M/s.United India Insurance Company Ltd., Namakkal. Versus Allimuthu @ Sengodan & Another High Court of Judicature at Madras
03-09-2020 National Insurance Company Limited, Raipur Versus Khorin Bai Sori & Others High Court of Chhattisgarh
03-09-2020 National Insurance Company Limited, Raipur Versus Khorin Bai Sori & Others High Court of Chhattisgarh
03-09-2020 United India Insurance Company Limited, through its Divisional Manager, Bilaspur (C.G.) Versus Joidha Bai Patel & Others High Court of Chhattisgarh
01-09-2020 Pavai Varam Educational Trust Established and Administering, Paavai College of Pharmacy and Research, Rep. by Chairman V. Natarajan Versus The Pharmacy Council of India, Represented by the Secretary cum Registrar, New Delhi High Court of Judicature at Madras
01-09-2020 National Insurance Company Limited Versus Ashwani Kumari & Others High Court of Jammu and Kashmir