NEW INDIA ASSURANCE CO LTD Vs. JAI RAM

JUDGEMENT

(1.) THE Appellant impugns a judgment dated 28.01.2012 whereby the First Respondent was granted a compensation of Rs.7.801.066/- for having suffered injuries in an accident which occurred on 01.01.2009.

(2.) WHILE awarding the compensation the Claims Tribunal opined that the Appellant successfully proved breach of the terms of the policy and granted recovery rights against the Respondents No. 2 and 3.

(3.) AS far as the breach of the terms of the insurance policy is concerned, it is well settled that even if the Insurance Company is able to prove the willful and conscious breach on the part of the insured, it has a statutory liability to pay the compensation to the third party and would have right to recover the same from the insured.