fact that the insurer is entitled to avoid or cancel the policy for breach of certain restrictions or conditions.
(23). Thus, from the above discussion ... Sections 147 and 1-19(2) of 1988 Act)-Motor insurance -Policy-Breach of-Defences available to insurance company - Vehicle was carrying seven passengers excluding
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
Sumo.
The insurance policy issued by insurance company is a comprehensive
policy in favour of owner of Tata Sumo. In comprehensive policy,
according to terms ... responsible for the breach. Section 149(2) of Motor
Vehicles Act, in case of breach of terms of policy onus is on
Insurance Company
goods carriage vehicle, the
respondent no.1-insurer has committed breach of policy
condition. It is further claimed that the risk of the
passengers travelling ... licence to drive the vehicle, the respondent
no.1-insured committed breach of policy condition.
Beside the breach of policy condition, the appellant-
insurance company
breach of condition as
alleged by the opponent cannot be said to be fundamental breach of
conditions of policy. We are of the opinion that ... hesitation to hold that breach of conditions in the case in hand is not
a fundamental breach of policy terms and conditions. The claim
Policy. Therefore, if it is a Comprehensive Policy, a gratuitous passenger in a Private Car is covered and if it is an Act Policy ... considered. The general principle is if there is breach of Policy condition the Insurer can be directed to pay and later recover from the insured
Such an approach may be justifiable in respect of breaches of conditions contained in the policy provided the conditions are not covered by the categories ... statutory limit. The question with regard to specific conditions in the Policy the breach whereof would afford a ground to defend the action
risk and
whether the Insurer can plead statutory defences or breach of terms of policy in a claim under Section ... made liable. He also submits that the owner had committed breach of act policy, inasmuch as the occupants in the trailer were fare paying passengers
Company is that there is a breach of a specified condition of the policy. Section 96(2)(b) reads:
Section 96(2)(b) : that there ... open to a Company. It only refers to cancellation of the policy, breach of the specified conditions of the policy, enumerated in Clauses
driving licence, he could be said to have committed breach of the condition of the policy. It must be established by the insurance company that ... than the number permitted in terms of the insurance policy is so fundamental a breach so as to afford ground to the insurer to eschew
