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Rajesh Kumar vs. National Insurance Co. Ltd. (SC)

52.00 5.20

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Insurance Claim–Condition in the insurance policy that the vehicle shall not be left unattended without proper precaution being taken–While interpreting such a clause, it should be seen whether the said obligation has been complied with reasonably or not–The context in which the accident occurs and the circumstances that prevailed at the time of the accident are extremely important to conclude whether the insured has taken reasonable care or not –After the accident, the appellant had to take the co-passenger to hospital immediately as his condition was precarious–It is not disputed that the co-passenger had also succumbed due to injury–State Commission was right in concluding that the condition no. 4 would not apply to the facts and circumstances of the case.