carrying humans in a goods' vehicle more than the number permitted in terms of insurance policy - Is not so fundamental a breach so as to afford to the insurer to eschew liability altogether

Citation

AIR 1996 SUPREME COURT 2054

SUPREME COURT

M. M. PUNCHHI , J. and K. S. PARIPOORNAN , J.

Civil Appeal No. 6296 of 1995, D/- 20 - 5 - 1996

B.V. Nagaraju Appellant v. M/s. Oriental Insurance Co. Ltd., Divisional Office, Hassan Respondent.

Motor Vehicles Act (59 of 1988), S.147 - Liability of insurance company - Head on collision

- Damage caused to vehicle - Claim by truckowner - Alleged breach of carrying humans in

a goods' vehicle more than the number permitted in terms of insurance policy - Is not so

fundamental a breach so as to afford to the insurer to eschew liability altogether - Exclusion

term of insurance policy read down to serve main purpose of policy.