VidhiSangh

Supreme Court of India · 30/09/2021

UNITED INDIA INSURANCE CO. LTD. versus SUSHIL KUMAR GODARA

[2021] 9 S.C.R. 251 · 2021 INSC 580

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Summary

The Court upheld repudiation of a theft claim where the insured had driven his vehicle to another city after its temporary registration expired. It did not matter that the vehicle was parked when stolen: its use without valid registration constituted a fundamental policy breach under the binding decision in Narinder Singh. No application for permanent registration or extension was shown. The State Commission and National Commission orders granting relief were set aside and the consumer complaint dismissed.

Issues

  1. Whether theft of a parked vehicle could be distinguished from accident claims where the vehicle had been driven after expiry of temporary registration.
  2. Whether the insurer could repudiate for fundamental breach arising from use without valid registration.

Provisions considered

Held

Result

Appeal allowed without costs. National Commission and State Commission orders set aside; consumer complaint dismissed.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 251.