NEW INDIA ASSURANCE CO Vs. KOKILABAI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter for brevity the "Act") has been preferred by the Insurance Company against the Award dated 7.5.1993, passed in Claim Case No. 10 of 1990 by IInd Addl. Motor Accident Claims Tribunal, Khargone.

(2.) FACTS material for deciding the said appeal in short are mentioned herein below:

(3.) THE main thrust of objection raised by appellant/Insurance Company was that the vehicle in question was not registered as a Taxi and premium was also not paid as such, but, was still being run as a Taxi. It has, therefore, been contended that on account of the fact, that vehicle was being used as a Taxi, no liability could be fastened on the Insurance Company.