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
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
without obtaining the
valid permit, the same amounts to conscious breach of the policy.
13. Therefore, in view of the foregoing submissions, the learned counsel ... 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
Tribunal) held that
the Respondent Insurance Company successfully proved the
breach of the policy and thus exonerated it of its liability and
made Respondents ... 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
Respondent Mohinder Singh, the
Appellant's plea of conscious breach of the policy on the part of the
owner and avoidance of liability ... 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
Section
149(2)(a)(ii) of the said Act.
(iii) The breach of policy condition e.g.
disqualification of the driver or invalid driving
licence ... breach of the policy, but the
said breach is not a fundamental breach or the
breach did not contribute to the cause of the
accident
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
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
Whether the Appellant is estopped from raising plea of breach of
terms and conditions of policy on account of settlement of 11
Claim Petitions before ... Appellant is not estopped from raising the
plea of breach of the policy; has it succeeded in proving willful breach of
the terms and conditions
