2025February 2025InsuranceLatestLegalSupreme Court

Insurance Claim – Repudiation for non-payment of national permit authorisation fees of truck

The truck of the appellant caught fire by short circuit on 8.6.2014 during validity of the insurance cover.

The State Commission allowed the insurance claim on non-standard basis.

However, the National Commission allowed the appeal of the Insurance Company on the ground that there was no valid national permit.

The owner had taken the All India National Permit for 14.10.2012 to 13.10.2017 and for the State of Bihar the permit was in force from 13.10.2012 to 13.10.2013.   The Insurance Company contended that the authorization fee was not deposited beyond 14.10.2013 and the National permit cannot be said to be a valid permit.

HELD that the truck was registered in the State of Bihar. The authorization fee was required to be paid only when the truck was moving out of State of Bihar. The fire caught in the State of Bihar itself.  There was, therefore, no question or requirement of paying authorization fee when the truck was used in the State of Bihar.  Therefore, the Insurance company could not have repudiated the claim on such a frivolous ground.

The complaint was allowed with interest 9% per annum.

Judgment dated 7.2.2025 of the Surpeme Court in Civil Appeal No….of 2025 (Special Civil Petition [Civil] No.13060 of 2020) of Shri Binod Kumar  Singh   Vs.  National Insurance Company Ltd

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.