VidhiSangh

Supreme Court of India · 17/12/2024

RAJESH KUMAR versus NATIONAL INSURANCE CO. LTD.

[2024] 12 S.C.R. 1108

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Summary

The Supreme Court restored the State Commission's award of the full insured declared value for a car that capsized and later caught fire after the insured left it to rush an injured co-passenger to hospital. The National Commission had exceeded its revisional jurisdiction by reappraising concurrent findings of fact, and the policy condition against leaving a vehicle unattended did not apply in those compelling circumstances.

Issues

  1. Whether the National Commission, in revision under Section 21(b) of the Consumer Protection Act, 1986, could interfere with concurrent findings of fact of the District and State Commissions.
  2. Whether Condition No. 4 of the motor policy, barring the vehicle being left unattended after an accident, excluded the damage caused by the later short-circuit and fire.
  3. Whether the delay in intimating the insurer defeated the claim.

Provisions considered

Held

Result

Appeals allowed; National Commission's order dated 16.07.2019 set aside and the State Commission's order restored, directing the insurer to pay the full insured declared value of Rs. 5,02,285 with 9% interest from the date of the complaint till realisation; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1108.