Insurance Company has examined a witness as R.W.1 and marked the copy of the insurance policy as Ex.R1 and no other material is placed before the Court. The counsel would also submit that in the judgment of this Court in the case of New India Assurance Co. Ltd., Bijapur by its Divisional Manager vs. Yallavva and Another reported in ILR 2020 KAR 2239 , in para No.83, while answering questions referred to the large Bench, particularly, question No.1 held that the insurer is liable to pay the third party and recover from the insured even if there is breach of any condition recognized under Section 149(2), even if it is a fundamental breach (that is breach of condition which is the cause for the accident) and the insurer proves the said breach, in view of the mandate under Section 149(1) of the Act. But no such order can be passed against the insurer, if, on the facts and circumstances of a case, a finding is given by the Court that the third party (injured or deceased) had played any fraud or was in collusion with the insured, individually or collectively, for wrongful gain to themselves or cause wrongful loss to the insurer. Hence, the Insurance Company to pay the compensation and recover the same from the owner. The
