ORIENTAL INSURANCE CO LTD Vs. CHHAYA SATISH SONTAKKE

JUDGEMENT

(1.) This is an appeal by original non-applicant No. 2 - the Oriental Insurance Company.

(2.) The facts giving rise to this appeal are as under--

(3.) Non-applicant No. 1 did not contest the claim. N.A. No. 2 has filed a written statement and admitted that the vehicle was insured with it. The non- applicant denied the age of the deceased and his income. It is the contention of the non-applicant that the accident had taken place due to rash and negligent driving of the S.T. bus. Further, it is contented that the owner/driver was using the vehicle in violation of the conditions of policy i.e. he was carrying passengers on payment of charges from one place to other. It is further contended that the vehicle was to be used only for social, domestic and pleasure purposes and since it was used for carrying passengers illegally, the non-applicant No. 2 is not liable to reimburse the owner.