NATIONAL INSURANCE COMPANY LIMITED Vs. MAINA DEVI

JUDGEMENT

(1.) Heard the learned counsel for the insurer-appellant.

(2.) The only submission urged and pressed in support of this appeal by the insurer-appellant is that the deceased who was travelling in the offending motor vehicle (a Truck) was the owner of the goods being carried in the truck and, therefore, there being a breach of the terms and conditions, subject to which the insurance policy had been issued, the insurer could not be saddled with any liability to pay the amount of compensation determined by the Motor Accident Claims Tribunal.

(3.) Learned counsel for the respondents has strenuously urged that in the facts and circumstances of the case taking into account the statutory liability of the insurer, it has rightly not been exonerated as claimed.