In other words, the liability could be avoided by an insurer only if it could bring its case in any of the conditions prescribed under Section 149(2) of the Motor Vehicles Act, 1988. The Insurance Company cannot avoid its liability to pay compensation arising out of the use of Motor Vehicle for any other violation. This view finds support from National Insurance Company Limited v. Swaran Singh and Ors. reported as and this Court judgment in AIR 2006 (2) JKJ 698 titled Oriental Insurance Co. Limited v. Allahdin and Ors. Over-loading of a motor vehicle does not attract the breach contemplated by Section 149(2) of the Motor Vehicles Act.
In other words, the liability could be avoided by an insurer only if it could bring its case in any of the conditions prescribed under Section 149(2) of the Motor Vehicles Act, 1988. The Insurance Company cannot avoid its liability to pay compensation arising out of the use of Motor Vehicle for any other violation. This view finds support from National Insurance Company Limited v. Swaran Singh and Ors. reported as and this Court judgment in AIR 2006 (2) JKJ 698 titled Oriental Insurance Company Limited v. Allahdin and Ors. Over-loading of a motor vehicle does not attract the breach contemplated by Section 149(2) of the Motor Vehicles Act.
9. In other words, the liability could be avoided by an insurer only if it could bring its case in any of the conditions prescribed under Section 149(2) of the Motor Vehicles Act, 1988. The Insurance Company cannot avoid its liability to pay compensation arising out of the use of Motor Vehicle for any other violation. This view finds support from National Insurance Company Limited v. Swaran Singh and Ors. reported as and this Court judgment in AIR 2006 (2) JKJ 698 titled Oriental Insurance Company Limited v. Allahdin and Ors. Over-loading of a motor vehicle does not attract the breach contemplated by Section 149(2) of the Motor Vehicles Act.
disclosure of a material fact or by a representation of fact which was false in
some material particular.
In other words, the liability could be avoided by an insurer only if
it could bring its case in any of the conditions prescribed under Section 149(2)
of the Motor Vehicles Act, 1988. The Insurance Company cannot avoid its
liability to pay compensation arising out of the use of Motor Vehicle for any
other violation. This view finds support from National Insurance Company Limited
versus Swaran Singh & Ors., reported as IR 2004 SC, 1531 and this Court judgment
in AIR 2006 (2) JKJ, 698 titled Oriental Insurance Company Limited versus
Allahdin and Ors. Over-loading of a motor vehicle does not attract the breach
contemplated by section 149(2) of the Motor Vehicles Act.
In other words, the liability could be avoided by an insurer only if it
could bring its case in any of the conditions prescribed under Section 149(2) of
the Motor Vehicles Act, 1988. The Insurance Company cannot avoid its liability
to pay compensation arising out of the use of Motor Vehicle for any other
violation. This view finds support from National Insurance Company Limited
versus Swaran Singh & Ors., reported as IR 2004 SC, 1531 and this Court judgment
in AIR 2006 (2) JKJ, 698 titled Oriental Insurance Company Limited versus
Allahdin and Ors. Over-loading of a motor vehicle does not attract the breach
contemplated by section 149(2) of the Motor Vehicles Act.