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2014 Supreme(P&H) 1678

K.KANNAN
National Insurance Company Limited – Appellant
Versus
Daya Chand – Respondent


Advocates Appeared:
For the Appellant : G.D. Gupta

JUDGMENT :

K. Kannan, J.

1. The owner of an insured vehicle that ran into an accident made a claim for own damage of the vehicle against the insurance company. The insurance company repudiated the claim on the ground that the vehicle was being run on a temporary permit which had expired at the time of accident and therefore, there cannot be any liability. It turned out that the registration also was subsequently obtained. The Permanent Lok Adalat upheld the claim of the claimant and found that the fact that the temporary registration had not been made permanent at the time of accident cannot absolve the insurance company of any liability.

2. On a challenge to the order passed by the Permanent Lok Adalat, I had called upon the counsel appearing for the insurance company to produce the terms of the policy that spelt out particular condition of exclusion of liability in a situation where the vehicle did not have the registration renewed at the time of accident. The counsel states without producing the copy of the insurance policy that the vehicle is required to be used as per provisions of the Motor Vehicles Act and therefore, if the Act stipulated that a temporary permit would expire in

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