NATIONAL INSURANCE COMPANY LIMITED BANGALORE Vs. LEELAVATHI

JUDGEMENT

(1.) these appeals are by the insurance company, challenging the finding and order of the tribunal fixing its liability in respect of the accident.

(2.) it is not disputed that the vehicle involved in the accident, namely cak 1887, was insured for the period 8-11-1986 to 7-11-1987. The accident in question occurred on 11-3-1987, out of which several claims by the passengers travelling in the said vehicle have arisen. The contention taken by the appellant before the tribunal as well as in this appeal is that since the bus in question did not have a valid permit to ply on the road, there is violation of the terms of the policy, and as such, no liability can be foisted upon it in respect of the accident involving the vehicle. The copy of the insurance policy, which is not disputed is produced and marked as ex. R-1 through r.w. 1. Under the head 'limitations as to use' it is stated, inter alia, thus:

(3.) even otherwise, the insurer is barred from taking such a contention as laid down in united India fire and general Insurance Company Limited v RAJ Krishna mital and others, in which it is stated thus: