V.V.S.RAO
National Insurance Company Limited, represented by its Divisional Manager – Appellant
Versus
Dupati Singaiah – Respondent
Question for determination
When the driver of a motor vehicle covered by a policy of insurance drives vehicle involved in accident with fake licence, whether insurance company has to prove that there is "willful" breach of specific conditions of policy or is it sufficient to insurance company to prove that driving licence possessed by driver is fake licence by reason of which insurance company stands exonerated from its liability to indemnify owner of vehicle involved in the accident.
Background facts The above question falls for consideration in this appeal in the following brief background of the case. Respondents 1 to 4 herein (hereafter, claimants) filed M.V.O.P.No.248 of 1997 under Sections 140, 143-A and 166 of Motor Vehicles Act, 1988 (the Act, for brevity) before Motor Accident Claims Tribunal-cum-I Additional District Judge, Guntur, claiming a compensation of Rs.2,00,000/- as compensation for death of Dupati Koteswari (deceased). Be it noted first claimant is husband and claimants 2 to 4 are married daughters of deceased. Deceased aged 42 years statedly was earning Rs.1,200/- per month as agricultural labourer. On 16.4.1997 at about 9.30 pm while she was walking
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