National Insurance Company Limited v. Smt. Leela Dhiwar
Case brief
What is this about?
Chhattisgarh High Court, Bilaspur; Justice Sachin Singh Rajput; order dated 02/09/2025; MAC No. 176 of 2020; National Insurance Company Limited (appellant/insurer) vs Smt. Leela Dhiwar (respondent/claimant); appeal against award dated 03/09/2019 in Claim Case No.137/2018, 3rd Additional Motor Accident Claims Tribunal, Raipur; Rs.1 lakh compensation under contract liability / personal accident cover for owner-driver; premium of Rs.50/- for PA cover; fatal accident dated 17/03/2017; motorcycle Regn. No.CG 04 LK/2998; insurer's plea of breach of policy condition (absence of driving licence); burden on insurer to prove breach by cogent evidence; no witness examined by insurance company; appeal dismissed.
What did the court decide?
A plea of breach of policy taken by the insurance company must be proved by cogent evidence; the insurance company examined no witness in support of its plea that the personal accident cover was conditional on the deceased possessing a driving licence, hence the plea fails and the appeal has no merit.