overloading of passengers in the goods carrying vehicle the breach of
policy condition was not held to be fundamental. The observations in
para ... said breach by cogent evident. In
the event the insurance company fails to prove that there has been
breach of conditions of policy
overloading of passengers in the goods carrying vehicle the breach of
policy condition was not held to be fundamental. The observations in
para ... said breach by cogent evident. In
the event the insurance company fails to prove that there has been
breach of conditions of policy
terms of the insurance policy, justifying the repudiation of claims on the grounds of a fundamental policy breach. Consequently, the appellant's failure ... repudiate the claim, as it reflected a fundamental, not merely technical, policy breach.
In view of the facts and circumstances of the case
said breach by cogent evidence. In the event, the
insurance company fails to prove that there has been breach of conditions of
policy ... party which alleges the breach; an Insurance
Co. is no exception to this rule.
d) An alleged breach of policy condition is
required
that there is no breach of the
contract of insurance. Hence, on the
ground of breach of
condition of the policy,
the claim cannot ... that the policy is a
statutory policy.
In
our view, the
Insurance Company cannot repudiate the claim when there is no breach of terms
that there is no breach of the contract of
insurance. Hence on the ground of breach of condition of the policy, the
claim cannot ... that the policy is a statutory policy.
10. In our view, the Insurance Company cannot repudiate the claim
when there is no breach of terms
passengers. Hence, it was held that there was
breach of policy conditions hence the claim was rightly repudiated by
the insurer. In Challa Bharathamma ... held that in case there was fundamental or material breach
of policy condition repudiation is justified. It was further held in the
// 1 0 //
order
provide driving license of the LA and therefore there is
a breach of policy condition and the complainant is not entitled to
any claim ... Section 149(2)(a)(ii) of the said Act.
(iii) The breach of policy condition e.g. disqualification of driver or
invalid driving license
clear violation of
policy conditions and when there is admitted breach of policy conditions,
the insurer is not liable to make the payment ... distinguish between breach of a
condition which is intrinsic to the policy and breach of a peripheral
condition which may not be intrinsic
issues that need adjudication are that: (1) Was there a
fundamental breach of policy condition by the insured as the
vehicle carried more passengers than ... more than allowed as per policy terms and
conditions, is a breach of policy but not a fundamental breach
where the appellant can deny
