Therefore, this breach of condition of policy of insurance being "fundamental breach", the insurer of the offending vehicle, cannot be compelled to indemnify the Opponent No. 2. Therefore, "to pay and ...

Citation: 2024:BHC-AS:20013,MANU/MH/2853/2024. 1. The issue involved in this appeal is pay and recovery order passed by the Tribunal and contributory negligence of the deceased.

Second witness of the claimant is Balasaheb Bongane CW-3. He states that he was proceeding on his motorcycle and witnessed the offending jeep dashed against motor cycle of the deceased Dattarao. He ...