Lakhmi Chand vs Reliance General Insurance on 7 January, 2016
12. Lakhmi Chand Vs. Reliance General Insurance , II (2016) CPJ 3
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"Accident was caused on account of rash and negligent driving of
offending vehicle. FIR under Sections 337, 338, 304A and 427 of IPC
registered against driver of vehicle. Insurance Company not produced
any evidence on record to prove that accident occurred on account of
overloading of passengers in goods carrying vehicle. For the insurer
to avoid liability, breach of policy must be so fundamental in nature
that it brings contract to an end. Violation of policy conditions not
established. Repudiation not justified."