arbitral award on the ground that the award is in breach of public policy came up for consideration before a Division Bench of this Court ... policy. Conscious as the Court must be of the varying content of the doctrine of public policy, it would be appropriate to regard a breach
respondent No.1. It was held that the policy
conditions of Insurance policy were breached by using the goods carriage
vehicle as a passenger vehicle ... quantum was decided. Finally, the Tribunal below held that despite the
breach of policy condition, the appellant-insurance company was under the
liability
entitled to recover the same if there was any breach of
the policy condition on account of the vehicle being driven without a
valid driving ... 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
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 ... licence, the Apex
Court has held as under:
"(iii) The breach of policy condition e.g.,
disqualification of driver or invalid driving licence
Claim petitions with contention that the
owner of Jeep has committed breach of policy
condition and thereby the insurance company
not liable ... vehicle, the respondent no.1 i.e. the owner
has committed breach of policy condition.
9. The Tribunal on due appreciation of
the pleadings
Claim petitions with contention that the
owner of Jeep has committed breach of policy
condition and thereby the insurance company
not liable ... vehicle, the respondent no.1 i.e. the owner
has committed breach of policy condition.
9. The Tribunal on due appreciation of
the pleadings
been upon the owner and driver because there
was a fundamental breach of policy condition.
2. It is the appellant's case that ... allowed to avoid its
liability towards insured unless the said breach or
breaches on the condition of driving licence is/ are so
fundamental
Commissioner has directed that the
respondent No.1 has committed breach of policy
conditions and as such, respondent No.2 was directed
9
to deposit ... insurer relying on certain decisions submitted that,
admittedly, there is breach of policy conditions, as the
driver had no valid and effective driving licence
cases by way of specimen cases involving different nature of breach of policy conditions, in which they are representing different insurance companies and would then ... involved in all these cases, i.e., various facets of the breach of policy conditions, so as to enable the Court to appropriately consider
resisted the claim petitions with contention that
on account of breach of policy condition, the respondent no.4 -
insurance company is not liable ... vehicle and
thereby the respondent no.3 - insured had committed breach of
policy condition.
5] On due consideration of the rival pleadings and evidence
