NATIONAL INSURANCE CO. LTD Vs. M.KRIHNADASS REDDIAR
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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N.KANNADASAN, J. -
(1.) The appellant is the opposite party and the respondents are the
complainants before the District Forum.
(2.) The District Forum has allowed the complaint by granting relief as
stated therein. Aggrieved as against the order of the District Forum, the
present appeal is filed.
(3.) The above appeal is filed on the main ground that the insured cannot
claim insurance amount under the policy if an accident took place prior
to the registration of the vehicle as held by this Commission in the
decision in United India Insurance Co. Ltd., & Ors. Vs. G. Kodhainachiar
reported in I (2005) CPJ 86. The said judgment of this Commission was
subsequently reversed by the Honble National Commission in a decision
reported in IV (2007) CPJ 347 (NC) as extracted below:
Insurance is a matter of contract between parties - Insurance Company
cannot repudiate claim when there is no breach of policy conditions
vehicle in good condition to be plied at accident time as per RTO
The same view is followed by the Honble National Commission in another
decision in HDFC CHUBB General Insurance Co. Ltd., Vs. ILA Gupta & Ors.,
reported in I (2007) CPJ 274 (NC).;
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