ORIENTAL INSURANCE COMPANY LTD Vs. KASHMIR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22.04.2013 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.1,04,478/ - was awarded in favour of the first Respondent for having suffered injuries in a motor vehicular accident which occurred on 15.01.1998 at 8:00 a.m.

(2.) AT the time of hearing of the appeal, the sole submission raised by the learned counsel for the Appellant is that there was a breach of the terms and conditions of the insurance policy and therefore, the Appellant was entitled to recover the compensation paid from the insured.

(3.) PARA 13 of the impugned judgment reveals that the driver of the offending vehicle was also challaned under Section 3 read with Section 181 of the Motor Vehicles Act, 1988 for not possessing a valid driving licence. At the same time, it is well settled that the initial onus is on the Insurance Company to prove that there was conscious and willful breach of the terms and conditions of the policy by the insured.