1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 4382 OF 2008 M/s New India Assurance Co. Ltd. - - Appellant Versus 1. Najma Begum w/o Sk. Babu and others - - Respondent Shri V. N. Upadhye, Advocate for the Appellant. Respondents in spite of service-absent. CORAM : K. U. CHANDIWAL, J. DATE : 16TH JUNE, 2009. PER COURT : 1. In an unfortunate accident the deceased Amjad succumbed to injuries. His legal representatives filed claim of Rs. 3,00,000/-. The insurance company opposed to entertain the claim as against it showing that there is breach of terms of insurance policy. The insurance company established that the license of Shafi Exh. 31, was not inforce on the date of accident dated 02.11.2006, as the license was valid for 25.08.1998 to 24.08.2001, then renewed on 05.06.2003 extended up to 04.06.2006. It was subsequent to the accident dated 02.11.2006, the license was renewed on 06.11.2006, consequently the insurance company was justified in 2 opposing to entertain the claim against it, pointing in the pleading breach of terms of insurance policy will exonerate any liability of the insurance company to indemnify. The license Exh. 31 in fact fortified its assertions, of renewal after the accident. The learned Judge erred in accepting the license. 2. In view of this practical aspect of the matter, without adverting any other comment on the learned Member M. A. C. T Aurangabad awarding compensation of Rs. 3,00,000/- to the applicants/the legal representatives of the deceased, the order under challenge is set aside to the extent of appellant insurance company. O R D E R The appeal is partly allowed. The order directing the Insurance company to meet the claim is dismissed. It is open for the insurance company to resort its remedies as the insurance company has deposited an amount of Rs. 2,78,934 on 28.01.2008 and also Rs. 50,000/- under the head of no fault liability. No costs. The statutory deposits be refunded. [ K. U. CHANDIWAL ] JUDGE bsb/June 09/FA 4382.08