NATIONAL INSURANCE COMPANY LTD Vs. SAVITA

JUDGEMENT

(1.) ONLY issue urged by the insurance company was that the driving licence of the driver was a fake licence and hence there was a violation of the policy of insurance by the insured. Hence, impugned award is liable to be set aside insofar it fixes liability on the appellant to satisfy the same.

(2.) DATE of the accident is 23.4.1994. Evidence on record which has been discussed by the learned Judge, MACT is as per para 13 of the award. The said para reads as under:

(3.) ISSUE is not that simple as projected by Learned Counsel for the appellant. Decision of Supreme Court reported as : 2004 (3) SCC 297 National Insurance Co. Ltd. v. Swaran Singh and Ors. has dealt with the issue in detail. In para 14 of the judgment it has been held that onus is on the insurance company to prove that there has been a breach of a specified condition of the policy.