Iffco Tokio General Insurance Co. Ltd. vs. Pearl Beverages Ltd. (SC)

Motor Accident Claims–Insurance Contract–Specific Clause that the insurer would not be liable for the accidental loss or damage where the person driving of the vehicle is under the influence of intoxicating liquor or drugs and this fact is in knowledge and consent of insured–Award–Justification–MLC report of driver indicated the smell of alcohol–Same report is in regard to co-passengers –Driver has not even stated that he had not consumed the alcohol–Sec. 185 of M.V. Act is not to conflated to what constituted driving under the policy of insurance in own damage claim–It is not the case that the accident occurred due to a sudden event–Held, the impugned order is liable to be set aside.