Back
SARAL SRIVASTAVA
New India Assurance Co. Ltd. – Appellant
Versus
Sarojani – Respondent
| Table of Content |
|---|
| 1. background of the appeal regarding compensation (Para 1 , 2 , 3 , 4) |
| 2. argument on insurance policy breach responsibility (Para 5 , 6) |
| 3. court's analysis on policy breach and recovery rights (Para 7 , 8 , 9) |
| 4. conclusion on the merit of the appeal (Para 10) |
JUDGMENT
Saral Srivastava, J.
List has been revised. Learned counsel for the appellant and learned counsel for the claimants/respondents are present.
2. Learned counsel for the owner-respondent no.6 is not present.
3. Heard learned counsel for the appellant and learned counsel for the claimants/respondents.
4. The present appeal has been filed by the appellant against the award dated 14.03.2002 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Etawah in MACT No.332 of 1994, by which the Tribunal has awarded Rs.1,99,000/- along with 12% interest to the claimants/respondents.
5. Challenging the said award, learned counsel for the appellant has contended that once the Tribunal has recorded a finding that the owner has committed breach of Insurance policy as the driver of the offending vehicle, i.e., Tractor No.U.P. 75A/0020 was not holding a valid driving licence, the Tribunal should ha
The owner of a vehicle must verify the driver's valid licence; failure to do so constitutes a breach of insurance policy terms, absolving the insurer of liability.
The insurance company must prove any alleged breach of policy terms to avoid liability; mere allegations without evidence are insufficient.
Insurance liability persists unless clear evidence of policy breach is established, particularly regarding driver's valid license classification at the time of an accident.
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
