Breach, means 'infringement or violation of a promise or obligation, Skandia Insurance Co. Ltd. v. Kokila Ben Chandravardan, (1987) 2 SCC 654: AIR 1987 SC 1184: (1987) 2 SCR 752. [Motor Vehicles Act, 1939, s. 96(2)(b)]
The expression 'breach' occurring in s. 96(2)(b) means infringement or violation of a promise or obligation. As such the insurance company will have to establish that the insured was guilty of an infringement or violation of a promise. The insurer has also to satisfy the Tribunal or the Court that such violation or infringement on the part of the insured was wilful, Sohan Lal Passi v. P. Sesh Reddy, (1996) 5 SCC 21: AIR 1996 SC 2627. [Motor Vehicles Act, 1939, s. 96 (2) (b)]
Means a violation in performance of or a failure to perform the obligation created by a promise, duty, or law without excuse or jurisdiction, Webster's Dictionary of Law, Indian Edn. (2005), p. 58.