NEW INDIA ASSURANCE CO LTD Vs. JHANKAR SINGH

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Being aggrieved and dissatisfied by the judgment and order dated 23.12.2004 passed by the State Commission, Delhi in Appeal No. A-537/1996 confirming the order dated 2.5.1996 passed by the District Forum, Delhi in Complaint Case No. 1544/1994, the Insurance Company has preferred this revision petition.

(2.) Learned Counsel appearing on behalf of the Insurance Company vehemently contended that the order passed by the State Commission is on the face of it illegal because the State Commission has mixed up with the contention of the Insurance Company that there was an exception in the terms of the insurance policy that if the vehicle is to be plied beyond the geographical area of India, then necessary endorsement was required to be obtained by the insured. Learned Counsel relies upon the general exception to the policy which provides that the company shall not be liable under the policy in respect of any accident, loss, damage caused/sustained or incurred outside the geographical area of India.

(3.) As against this, it has been pointed out by the learned Counsel, Mr. Narula, that in the General Regulations prepared by the Tariff Advisory Committee, it is specifically provided that -