Advocates:
RAJIV RANJAN DWIVEDI

ITEM NO.3 COURT NO.11 SECTION IV-B

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 31406/2017

(Arising out of impugned final judgment and order dated 26-09-2017

in FAO No. 7555/2015 passed by the High Court Of Punjab & Haryana

At Chandigarh)

M.S. MIDDLE HIGH SCHOOL Petitioner(s)

VERSUS

HDFC ERGO GENERAL INSURANCE CO. LTD. & ORS. Respondent(s)

(With interim Relief)

Date : 22-11-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s)

Mr. Rajiv Ranjan Dwivedi, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Heard.

We do not find any ground to interfere with the impugned

order.

The High court rightly held that once there is breach of

condition of policy, the liability cannot be fastened on the

insurer. The High Court had relied upon decisions of this

Court in

National Insurance Company Limited

v.

Challa

Bharathamma and Others, (2004) 8 SCC 517, New India Assurance

Company Limited v. Asha Rani & Ors., (2003) 2 SCC 223 and

National Insurance Company Limited v. Nicolleta Rohtagi & Ors.,

(2002) 7 SCC 456.

The contrary view in Augustine, V.M. v. Ayyappankutty and

Ors., 2015 (1) TN MAC 740 (FB) (Ker.) cannot thus be held to be

valid and is disapproved to the extent holding that insurer was

liable even if there was breach of conditions of policy.

The special leave petition is accordingly dismissed.

Pending applications, if any, shall also stand disposed

of.

(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA)

COURT MASTER COURT MASTER

Digitally signed by

MAHABIR SINGH

Date: 2017.11.23

10:31:32 IST

Reason:

Signature Not Verified