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Reliance General Insurance Co.Ltd. vs Antar Singh And 3 Ors. on 30 January, 2024

In the case of Dulari Singh and others Vs. Tribhuvan Murari Dubey and another, 2010 (4) MPLJ, Note 10 , it is held that it is the duty of the insurance company to prove that owner and driver of the vehicle breached terms and conditions of the insurance policy. On perusal of the record of the Tribunal it is found that appellant has not adduced any evidence before the Tribunal to prove that owner and driver breached the terms and conditions of the insurance policy and he has not adduced the certified copy of the insurance policy before the tribunal, therefore, the insurance company has not produced any evidence in this regard.
Madhya Pradesh High Court Cites 2 - Cited by 0 - Hirdesh - Full Document

National Insurance Co. Ltd. vs Smt. Shamim Bano on 17 January, 2024

In the case of Dulari Singh and others Vs. Tribhuvan Murari Dubey and another, 2010 (4) MPLJ, Note 10, it is held that burden of proof for breach of policy lies upon insurance company so it is the duty of insurance company to prove that driver of offending vehicle had no effective and valid driving licence at the time of accident. But, in the present case, insurance company has not produced any document showing that driver of the offending vehicle did not have any valid and effective driving licence and offending vehicle was being driven by the driver in contravention of the policy of insurance company. So, without adducing any evidence, appellant/insurance company is not able to prove that at the time of accident, the driver of offending vehicle was not having valid and effective driving licence.
Madhya Pradesh High Court Cites 5 - Cited by 0 - Hirdesh - Full Document
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