9911796707
TMI Blog2025 (2) TMI 413X X X X Extracts X X X X X X X X Extracts X X X X ..... 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.
Appeal allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... Nitin Khandelwal (supra) does not help the appellant as it was a theft case whereas the present case relates to damage by fire. The National Commission after placing reliance upon the judgment delivered in the case of Amrit Paul Singh and Anr. Vs. TATA AIG General Insurance Co. Ltd. & Ors. (2018) 7 SCC 558 has allowed the appeal and held that the insurance claim cannot be allowed in the absence of any valid permit thereby setting aside the order passed by the State Commission. 6. Learned counsel for the appellant has vehemently argued before this Court that the All India Permit (National Permit) was issued having validity period with effect from 14.10.2012 to 13.10.2017 and for State of Bihar, the permit was in force from 13.10.2012 to 13. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmission and, therefore, the order passed by the National Commission, dated 19.08.2020, deserves to be set aside and is accordingly set aside. The respondent National Insurance Company is directed to process the claim of the appellant and to pay the amount to the appellant within a period of 60 days from today. It is needless to mention that the claim became due in the year 2014 and it was repudiated by the respondent National Insurance Company in the year 2014 itself. The order of the State Commission allowing the claim was passed in the year 2017 which was reversed by the National Commission in the year 2020. Therefore, in the considered opinion of this Court, the appellant was not only entitled for the entire claim amount right from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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