RADHEY SHYAM Vs. RAJA RAM

JUDGEMENT

(1.) Mukesh, a young boy of 19 years, lost his life in an accident that occurred on 5.5.2002. The Motor Accidents Claims Tribunal awarded a sum of Rs. 1,82,000 to the claimants. Since learned Tribunal exonerated New India Assurance Co. Ltd. from the liability to pay compensation, the claimants pre- ferred civil misc. appeal before the single Bench of this court. Learned single Bench vide order dated 17.5.2004 dismissed the appeal with these observations:

(2.) We have heard the rival submission and scanned the record.

(3.) It is well settled that even if the breach of terms and conditions of insurance policy is made by the driver of the vehicle, the burden lies on the insurance company to establish that breach of conditions of insurance policy was made to the knowledge of vehicle owner. In the instant case admittedly New India Assurance Co. Ltd. did not plead in the written statement that breach of insurance policy was committed to the knowledge of vehicle owner. Thus the respondent insurance company cannot absolve itself from the liability.