NATIONAL INSURANCE COMPANY LTD Vs. DHAS

JUDGEMENT

(1.) THE question in this appeal is whether the fourth respondent, who held an L.M.V. driving licence having driven a two-wheeler and caused the death of one Saratha, will enable the appellant (Insurance Company) to avoid its liability under the contract of insurance (insurance policy).

(2.) ON 6.6.2002, Saratha came walking along the road. At that time, the fourth respondent came driven a two-wheeler. He drove rashly. Knocked at her. She died. Her dependents claimed compensation. They were awarded Rs.2,12,100/- .

(3.) ACCORDING to the learned counsel for the appellant, there is violation of terms and conditions of policy, so, the company cannot be asked to pay the amount.