2013 (4) ADR 168 ::2013 AAC 3032 (DEL)

Delhi High Court

Hon'ble Judge(s): Suresh Kait , J

( A ) Motor Vehicles Act (59 of 1988) S. 149 (2)— Liability of insurer — Plea of breach of policy — Defence raised by insurer that driver possessed fake driving licence at time of accident — But failed to summon any witness from Regional Transport Authority to prove said fact — No evidence furnished to prove violation of any policy condition — Insurer not entitled to be exonerated from its liability to pay compensation nor entitled for any recovery rights. AIR 2004 SC 1531, Rel. on. (Paras11)