SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 31406/2017
(Arising out of impugned final judgment and order dated 26-09-2017 in FAO No. 7555/2015 passed by the High Court Of Punjab & Haryana At Chandigarh)
M.S. MIDDLE HIGH SCHOOL …Petitioner(s)
VERSUS
HDFC ERGO GENERAL INSURANCE CO. LTD. & ORS. …Respondent(s)
(With interim Relief)
Date : 22-11-2017 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ADARSH KUMAR GOEL
HON’BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Rajiv Ranjan Dwivedi, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
Heard.
We do not find any ground to interfere with the impugned order.
The High court rightly held that once there is breach of condition of policy, the liability cannot be fastened on the insurer. The High Court had relied upon decisions of this Court in National Insurance Company Limited v. Challa Bharathamma and Others, (2004) 8 SCC 517, New India Assurance Company Limited v. Asha Rani & Ors., (2003) 2 SCC 223 and National Insurance Company Limited v. Nicolleta Rohtagi & Ors., (2002) 7 SCC 456.
The contrary view in Augustine, V.M. v. Ayyappankutty and Ors., 2015 (1) TN MAC 740 (FB) (Ker.) cannot thus be held to be valid and is disapproved to the extent holding that insurer was liable even if there was breach of conditions of policy.
The special leave petition is accordingly dismissed.
Pending applications, if any, shall also stand disposed of.
(MAHABIR SINGH)
COURT MASTER
(PARVEEN KUMARI PASRICHA)
COURT MASTER
