amount paid to the third
parties, if there was any breach of policy conditions on
account of the vehicle being driven without a valid
driving ... Swaran Singh (supra) it is amply clear that (i)
the breach of policy condition as envisaged under Section
liability
has to be decided treating the policy as
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contractual policy and not an Act policy in terms
of the statute.
15. In view ... Court comes to the conclusion that the
breach was not a breach simplicitor but a "fundamental
breach". Learned Counsel further argued, even such
policy conditions the Insurer cannot avoid liability unless there had been breach of policy conditions. The Tribunal further held that the 3rd Respondent ... fastened upon the Insurance Company or whether there was breach of policy conditions and whether the Insurance Company can be absolved of its statutory liability
Settled law is that where there is any breach of policy, the
Insurance Company / insurer is entitled for complete exoneration. To
strengthen her arguments ... amount paid to the
third parties, if there was any breach of policy conditions
on account of the vehicle being driven without a valid
driving
paid from the insured on proof of breach?
(5) Where there is breach of conditions of the policy on account of the driver ... amount paid to the third parties, if there was any breach of policy conditions on account of the vehicle being driven without a valid driving
that plying of
vehicle without valid registration certificate amounts to
fundamental breach of policy as held in Narinder Singh 's,
case (supra ... Section 149(2)(a)(ii) of the said Act.
(iii) The breach of policy condition e.g.,
disqualification of driver or invalid driving licence
Amit Manohar-Advocate that it is proved that there was breach of policy of Insurance conditions are concerned, he submits that in Oriental Insurance Company ... alleged breach was a fundamental breach permitting Insurance Company to avoid liability.
The principles for deciding whether it was a fundamental breach of policy
Section 149(2)(a)(ii) of the said Act.
(iii) The breach of policy condition e.g.,
disqualification of driver or invalid driving licence ... allowed to
avoid its liability towards the insured unless the
said breach or breaches on the condition of driving
licence is/are so fundamental
Court
examined the liability of the Insurance company in cases of breach of
policy conditions, due to disqualifications of the driver or invalid
driving license ... driver
had no valid driving license, and that, there was breach of policy
conditions. He further submits that where the driver did not possess
petitioner guilty despite using a vague expression that there was a breach of policy condition and as if to bolster this aspect further, this Court ... said breach by cogent evidence. In the event the insurance company fails to prove that there has been breach of conditions of policy
