Showing posts with label national permit. Show all posts
Showing posts with label national permit. Show all posts

Tuesday, 11 February 2025

Supreme Court: Consumer forum should not should reject claim for compensation if offending truck was having national permit

This Court has carefully gone through the permit which is

on record and the National Permit is certainly valid up to

13.10.2017. The authorization fee was required to be paid only

when the truck was moving out of State of Bihar as it was

registered in the State of Bihar and the truck caught fire on

account of short-circuit on 08.06.2014 in the State of Bihar itself

and, therefore, the respondent company could not have

repudiated the claim on such a frivolous ground. The permit in

question was issued by the competent authority in Bihar and,

therefore, there was no requirement of paying authorization fee

when the truck was being used in the State of Bihar and as per

the terms and conditions of the National Permit, authorization fee was required to be paid only when the truck was moving out of State of Bihar. Thus, in the considered opinion of this Court, the appellant was certainly entitled for the insurance claim as held by the State Commission and, therefore, the order passed by the National Commission, dated 19.08.2020, deserves to be set aside and is accordingly set aside.  {Para 8}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVILAPPELLATE JURISDICTION

CIVILAPPEAL NO. OF 2025

Shri Binod Kumar Singh  Vs  National Insurance Company Ltd. 

SATISH CHANDRA SHARMA, J.

Dated: February 7 th, 2025. 

Citation: 2025 INSC 154.

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