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The defence was taken by the insurance company in the written statement that the vehicle was overloaded and there was breach of permit and so there was also breach of terms and conditions of policy. Another defence was taken that the deceased were gratuitous passengers and so their risk was not covered. In written statement it is mentioned that the seating capacity of the vehicle was 2+1, including driver, as per R.C.Book and so there was no coverage in respect of risk to the deceased. The aforesaid provision of section 147 of the Motor Vehicle Act is sufficient to answer to the aforesaid defences taken by the insurance company. No evidence is given to prove that vehicle was overloaded.