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july 2009

Supreme Court of India · 2009-07-10

New India Assurance Co. Ltd vs Suresh Chandra Aggarwal

Citation / case number
AIR 2009 SUPREME COURT 2987
Court
Supreme Court of India
Petitioner
New India Assurance Co. Ltd
Respondent
Suresh Chandra Aggarwal
Author
D.K. Jain
Bench
B. Sudershan Reddy, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the decision of the National Consumer Disputes Redressal Commission, affirming the order of the Madhya Pradesh State Consumer Disputes Redressal Commission which directed The New India Assurance Company Ltd. to pay compensation for the total loss of a vehicle. The Court found that the deceased driver held a valid driving licence at the time of the accident, as it had been renewed shortly after the incident. The Court reiterated the principle that a claim cannot be repudiated solely on the basis of a technical breach of policy conditions when the driver was not disqualified from holding a licence, thus affirming the compensation awarded under the Consumer Protection Act, 1986.

New India Assurance Co. Ltd vs Suresh Chandra Aggarwal · Niyam