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2014 Supreme(SC) 636

M.Y.EQBAL, PINAKI CHANDRA GHOSE
Narinder Singh – Appellant
Versus
New India Assurance Company Ltd. – Respondent


Judgement Key Points

Key Points: - There is no infirmity in the impugned order holding that plying an unregistered vehicle is an offense under Section 192 and a breach of policy terms. (!) - Temporary registration expired prior to the accident (11.1.2006; accident on 2.2.2006) and owner did not apply for permanent registration or extension; vehicle driven without registration. (!) (!) - Vehicle was temporarily registered for one month; no evidence of extension/ permanent registration; driving without registration is prohibited under Section 39 and constitutes a breach of policy terms. (!) (!) (!) - The National Commission and State Commission decisions held that the insurance claim is not payable due to driving without valid registration, reinforcing that such use breaches policy terms. (!) (!) - The appellant argued for non-standard basis settlement similar to issues of improper licencing or registration, but the Court rejected this, upholding outright repudiation. (!) (!) (!)

What is the illegality of plying an unregistered motor vehicle on a public road under the Motor Vehicles Act, 1988?

What is the effect of temporary registration expiry on liability under insurance policy when an accident occurs?

What are the consequences for insurance claims when the vehicle is driven without valid registration in breach of Section 39 and 192 of the Motor Vehicles Act?


JUDGMENT

M.Y. Eqbal, J.: Leave granted.

2. This appeal by special leave is directed against the judgment and order dated 12.4.2013 passed by the National Consumer Disputes Redressal Commission, New Delhi (in short, “National Commission”) whereby Revision Petition No.4951 of 2012 of the appellant herein was dismissed upholding the judgment of the State Consumer Disputes Redressal Commission, Shimla (in short, “State Commission”), which had dismissed the complaint and set aside the order of the District Consumer Disputes Redressal Forum, Shimla (in short, “District Forum”) granting the claim on non-standard basis.

3. The facts of the case lie in a narrow compass.

4. The petitioner-complainant had purchased a Mahindra Pick UP BS-II 4WD vehicle and got it insured for an amount of Rs. 4,30,037/-with respondent no.1–M/s. New India Assurance Company Ltd. for the period 12.12.2005 to 11.12.2006. The vehicle was temporarily registered for one month period, which expired on 11.1.2006. However, on 2.2.2006, the vehicle met with an accident and got damaged. The complainant lodged FIR and informed about it to the respondent-Company, which appointed a surveyor and assessed the loss at Rs.2,60,84




















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