NATIONAL INSURANCE COMPANY LTD Vs. SAMBUL BANO BEGUM

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited impugns a judgment dated 03.09.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.13,03,600/- was awarded in favour of the Respondents No.1 to 4 for the death of one Mohd. Javed Alam @ Raja who died in a motor vehicle accident which occurred on 12.12.2010.

(2.) THE following contentions are raised on behalf of the Appellant Insurance Company:-

(3.) ONCE the vehicle is insured by an authorized insurer in accordance with the provision of Section 147 of the Act, the only ground under which an Insurer can avoid the liability is laid down under Section 149 (2) of the Act. It is not the Appellant's case that the Insured committed any breach of the terms of the policy as laid down under Section 149 (2) (a) (i), (ii) or (iii) of the Act. Thus, even if, it is assumed that Respondent No.5 was found to be driving the offending vehicle under the influence of liquor, the Insurance Company cannot avoid its liability.