R.BASANT, M.C.HARI RANI
New India Assurance Company Ltd. – Appellant
Versus
Balakrishnan – Respondent
1. The Judgment of the Court was delivered by Basant, J.-(i) Should the driver of a passenger autorickshaw (LMV-motor cab) possess a further authorisation/badge in addition to the driving licence to drive the said vehicle?
(ii) Even when the said vehicle is being used personally by the driver for his personal purposes (other than to carry passengers), should/can such authorisation be insisted?
(iii) Whether the mere non availability of such authorisation amounts to infraction of the conditions of the policy of insurance under Section 149(2) of the Motor Vehicles Act (hereinafter referred to as ‘the Act’)?
(iv) In the facts of the case odes that infraction amount to breach within the meaning of Section 149(2)(a) of the Act?
(v) Assuming that there is a breach, can that infraction/breach be held to be a breach attracting application of Section 149(2) of the Act applying the rule of main purpose and the concept of fundamental breach referred to in para.102 (vi) of National Insurance Co. Ltd. v. Swaran Singh (2004 (1) K.L.T 781 (S.C.)?
(vi) Is the decision in Moidu P.T. v. Oriental Insurance Co. Ltd. (2007 (4) K.L.T. 790) valid in the light of the subsequent decision of the S
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