S SANJIVA SHETTY Vs. ANANTHA

JUDGEMENT

(1.) The question, referred to the Full Bench for a decision is :

(2.) Sec.94(1) of the Act provides "No person shall use except as a passenger or cause or allow any other person to use a. motor vehicle in a public-place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter. Sec.95(1) of the Act provides that in order to comply with the requirements of this Chapter, a policy of insurance must (inter alia) be a policy which is issued by a person who is an authorised insurer and insures the person or classes of persons specified in the policy to the extent specified in sub-sec (2) (a) against any liability which may be incurred by him in respect of the death or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place. In Shikhapura Transport Co V. NLT. Insurance Co., AIR 1971 SC 1624. the Supreme Court observed in para 8 of its judgment :

(3.) Sec.95 (4) provides for the necessity to issue a certificate of insurance in the prescribed form. Sec.96(1) provides that the insurer, shall satisfy judgments against persons insured in respect of third party risks. Sec. 96(3)provides