ORDER :

Adarsh Kumar Goel and Mr. Uday Umesh Lalit, JJ. - Heard.

2. We do not find any ground to interfere with the impugned order.

3. The High court rightly held that once there is breach of condition of policy, the liability cannot be fastened on the insurer. The High Court had relied upon decisions of this Court in National Insurance Company Limited v. Challa Bharathamma and Others, (2004) 8 SCC 517, New India Assurance Company Limited v. Asha Rani & Ors., (2003) 2 SCC 223 and National Insurance Company Limited v. Nicolleta Rohtagi & Ors., (2002) 7 SCC 456.

4. The contrary view in Augustine, V.M. v. Ayyappankutty and Ors., 2015 (1) TN MAC 740 (FB) (Ker.) cannot thus be held to be valid and is disapproved to the extent holding that insurer was liable even if there was breach of conditions of policy.

5. The special leave petition is accordingly dismissed.

6. Pending applications, if any, shall also stand disposed of.