Supreme Court · 1996 INSC 690 · Decided 20 May 1996
B.V. Nagaraju v. M/S. Oriental Insurance CO. LTD., Divisional Office, Hassan
- Court
- Supreme Court of India
- Citation
- 1996 INSC 690 · [1996] SUPP. 3 S.C.R. 22
- Case number
- CIVIL APPEAL No. 6296/1995
- Decided
- 20 May 1996
- Bench
- M.M. PUNCHHI, K.S. PARIPOORNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 147, 149; Consumer Protection Act
Headnote
Motor Vehicles Act, 1988: Sections 147 and 149. C Insurance policyTenns of-Pe1111itted on!v celtain number of humans D E F in goods vehicle-Breach of carrying humans in goods vehicle more than the number pennitted---Held: not such a fundamental breach so as to deny inde111nification to the insurer accident-Exclusion tenn of the policy nlust be read down to serve the main pwpose of the policy. The appellant was the owner of an insured. truck which was covered by a comprehensive insurance policy issued by the respondent. The truck sustained major damages in an accident with a gas tanker
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