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 insured unless the said breach or breaches on the condition
of driving licence is/ are so fundamental
fundamental breach. Not only that
plying of the vehicle without a valid a route permit is not only breach
of the Policy conditions but also ... amounts
to fundamental breach of insurance contract and that plying of vehicle
without valid route permit is not only breach of policy conditions but
also
fundamental breach. Not only that
plying of the vehicle without a valid a route permit is not only breach
of the Policy conditions but also ... amounts
to fundamental breach of insurance contract and that plying of vehicle
without valid route permit is not only breach of policy conditions but
also
conditions of the policy. In Ex.R1 - the policy, the limitation
clause clearly says that the policy covers risk which occurs
within the permit ... 2016
C/W MFA No. 4811/2016
fundamental breach of permit and fundamental breach of the
policy condition.
37. Under such circumstance, the contention that
conditions of the policy. In Ex.R1 - the policy, the limitation
clause clearly says that the policy covers risk which occurs
within the permit ... 2016
C/W MFA No. 4811/2016
fundamental breach of permit and fundamental breach of the
policy condition.
37. Under such circumstance, the contention that
5191/2019 JUDGMENT DATED: 07/06/2022
"110. (iii) The breach of policy condition e.g.
Disqualification of the driver or invalid driving
licence ... 5191/2019 JUDGMENT DATED: 07/06/2022
(iii) The breach of policy condition e.g.
disqualification of the driver or invalid
driving licence
terms and conditions of the
policy. Simply producing the Insurance Policy will not prove
everything and more particular the breach as claimed by the
Insurance ... case at
hand, the policy is an "Act Policy" or
"Comprehensive/Package Policy"? There has been no
discussion either
terms and conditions of the
policy. Simply producing the Insurance Policy will not prove
everything and more particular the breach as claimed by the
Insurance ... case at
hand, the policy is an "Act Policy" or
"Comprehensive/Package Policy"? There has been no
discussion either
appellant-Insurance
Company has proved that the insured had committed breach of policy
conditions. Relying upon the decision of the Apex Court in S. Iyyapan ... findings recorded by the Claims Tribunal that
there is a breach of policy condition by the insured has not been
assailed either by the respondent
time of accident was being plied by its owner in breach of policy
conditions as respondent No. 2 was not holding valid and effective
driving ... against the provisions of M.V.Act,
criminal offence and breach of policy conditions binding upon the
parties. The finding of issue
