SC rules no insurance claim for stolen vehicle without valid registration

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New Delhi, Sep 30 | The Supreme Court on Thursday ruled that an insurance company can reject the claim, if a vehicle does not have valid registration, as it denied a claim for the theft of a car having temporary registration.

A bench headed by Justice U.U. Lalit and comprising Justices S. Ravindra Bhat and Bela M. Trivedi said: “What is important is this court’s opinion of the law, that when an insurable incident that potentially results in liability occurs, there should be no fundamental breach of the conditions contained in the contract of insurance.”

The bench added that on the date of theft, the vehicle was driven without a valid registration, amounting to a clear violation of Sections 39 and 192 of the Motor Vehicles Act, 1988. “This results in a fundamental breach of the terms and conditions of the policy, as held by this court in Narinder Singh (supra), entitling the insurer to repudiate the policy,” it noted.

The top court set aside the judgment of the National Consumer Disputes Redressal Commission (NCDRC), which dismissed a plea by the United Insurance Company Ltd, challenging the Rajasthan state commission’s order to pay Rs 6,17,800 to Sushil Kumar Godara, along with 9 per cent interest, for claims for his new Bolero car, which was stolen from Jodhpur. The bench noted that in the present case, the temporary registration of Godara’s vehicle had expired on July 28, 2011.

Godara, on July 28, went to Jodhpur on business, staying at a guest house at night and parking his vehicle outside the premises. In the morning, he found that car was stolen.

The bench noted that Godara plied his vehicle and took it to Jodhpur, where the theft took place. “It is of no consequence, that the car was not plying on the road, when it was stolen; the material fact is that concededly, it was driven to the place from where it was stolen, after the expiry of temporary registration. But for its theft, the respondent would have driven back the vehicle,” it said.

It noted that the vehicle was taken to another city, where it was stationed overnight in a place other than Godara’s premises. “There is nothing on record to suggest that the respondent had applied for registration or that he was awaiting registration,” it said.

“This court is of the opinion that the NCDRC’s order cannot be sustained. Furthermore, the NCDRC should not have overlooked and disregarded a clear binding judgment of this Court – it also should not have disregarded its ruling in Naveen Kumar (supra), as well,” the court stressed.

Source: IANS

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Does MBA really help in getting a better job offer ?

Does MBA really help in getting a better job offer ?

Most students pursuing an MBA come with the sole objective of having a decent job offer or a promotion in the existing job soon after completion of the MBA. And most of them take loans to pursue this career dream. According to a recent survey by education portal Campusutra.com  74% MBA 2022-24 aspirants said they would opt for education loans.

There are exceptional cases like those seeking master’s degree or may have a family business to take care of or an entrepreneurial venture in mind. But the exception cases are barely 1%. For the rest 99%, a management degree is a ticket to a dream job through campus placements or leap towards career enhancements. Stakes are high as many of them quit their jobs which essentially means loss of 2 years of income, apprehension and uncertainty of the job market. On top of that, the pressure to pay back the education loans. Hence the returns have to be high. There is more than just the management degree. Colleges need to ensure that they offer quality management education which enables them to be prepared for not just the demands of recruiters and for a decent job but also to sustain and achieve, all along their career path.

  • So, what exactly are the B Schools doing to prepare their students for the job market and make them industry ready ?
  •  Are B schools ready to deliver and prepare the future business leaders to cope up with the disrupted market ?  

These are the two key questions every MBA aspirant needs to ask, check and validate before filling the MBA application forms of management institutes. And worth mentioning that these application forms do not come cheap. An MBA aspirant who may have shortlisted 5 B Schools to apply for, may end up spending Rs 10,000.00 to Rs 15,000.00 just buying MBA / PGDM application forms.

While internship and placements data of some management institutes clearly indicates that recruiters today have specific demands. The skill sets looked for are job centric and industry oriented. MBA schools which have adopted new models of delivery and technology, redesigned their courses, built an effective evaluation process and prepared the students to cope with the dynamic business scenario, have done great with campus placements despite the economic slow down.

However, the skill set being looked for by a consulting company like Deloitte or KPMG may be quite different from FMCG or a manufacturing sector. Institutes need to acknowledge this fact and act accordingly.

  • Management institutes should ensure that students are intellectually engaged, self motivated and adapt to changes fast. In one word ‘VUCA ready’.
  • B Schools should encourage students to participate in national and international competitive events, simulations of business scenarios.
  • Institutes should have the right mix of faculty members with industry exposure and pure academics.

The placement records of 2021 across top management institutes indicated the fact that recruitment is happening, skilled talent is in demand and certain management institutions continued to attract recruiters even in the middle of an ongoing crisis.

It is time, all management institutes rise to the occasion, understand market realities and identify areas of improvement at both ends – students and faculty.

After all, the stakes are high at both ends. B Schools taking corrective measures will stay while those which are lagging will end up shutting down.

Author Name : Nirmalya Pal

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