Dismissed

O I C L v. Dhamno

Punjab & Haryana HC18 Mar 2025FAO/279/1994

Case brief

AI extract

What is this about?

This single-judge appeal challenged an order involving an insurance claim dispute. The court observed that the respondent insurer failed to lead any evidence to prove a breach of policy conditions. Consequently, the court found no merit in the appeal and dismissed it, upholding the status quo regarding the insurer's liability.

What did the court decide?

The appeal was dismissed as the respondent failed to establish a breach of policy conditions due to lack of evidence.

O I C L Vs Dhamno — Contract and Commercial Disputes | Punjab & Haryana HC (2025)

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Deepak Kumar 2025.03.20 18:47 I attest to the accuracy and integrity of this document

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FAO-279-1994

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-2-

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(iii) The breach of policy condition e.g. disqualification of the driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of Section 149, has to be proved to have been committed by the insured for avoiding liability by the insurer. Mere absence, fake or invalid driving licence or disqualification of the driver for driving at the relevant time, are not in themselves defences available to the Insurer against either the insured or the third parties. To avoid its liability towards the insured, the insurer has to prove that the insured was guilty of negligence and failed to exercise reasonable care in the matter of fulfilling the condition of the policy regarding use of vehicles by a duly licensed driver or one who was not disqualified to drive at the relevant time.

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(iv) Insurance companies, however, with a view to avoid their liability must not only establish the available defence(s) raised in the said proceedings but must also establish "breach" on the part of the owner of the vehicle, the burden of proof wherefor would be on them.”

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Admittedly, no evidence was led before the Tribunal.

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In view thereof, this Court does not find any merit in the instant

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appeal. Resultantly, the same is ordered to be dismissed.

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March 18, 2025	(Pa	nkaj Jain)
Dpr		Judge
Whether speaking/reasoned	: Yes/No
Whether reportable	: Yes/No

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Deepak Kumar 2025.03.20 18:47 I attest to the accuracy and integrity of this document

O I C L v. Dhamno

Case brief

What is this about?

What did the court decide?

O I C L v. Dhamno

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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