negligent for occurrence of the accident, the fact of
additional premium paid by the owner of the jeep to cover
the risk of driver ... driver and cleaner and additional payment of Rs.16/- was
paid. In view of payment of additional premium of Rs.16/-,
the Insurance
further submitted that as the fact of additional premium having
been paid qua the driver of the tanker is not proved by any
evidence ... under:
"13. Thus, when the owner of a vehicle pay additional
premium and same is accepted by the Insurance
Company, liability of the Insurance
case supra. He submits that merely for the reason that
additional premium has been deducted under the act
policy, that alone will not cover ... risk of third party
unless it is proved that additional premium is paid to
cover the risk of the third party. In this regard
proof by the owner that he
has paid extra premium/ additional premium so as to
cover the risk of the pillion rider of the motor ... cover the risk of
the third party. If any extra premium / additional
premium is paid so as to cover the risk of the pillion
riders
insured vehicle when the Insurance Company has accepted an
additional premium and thereby the Insurance Company is
enlarging the scope of unlimited liability ... liability Section, an amount
of Rs.90/- is extracted as additional premium, collected for one
driver, one cleaner and four coolies.
5. In the case
insurance shows that an Act policy was issued and no
additional premium was paid to cover the risk of passengers
in the insured vehicle ... said vehicle. When an Act
policy is issued without collecting additional premium to cover
the risk of inmates in a private car, there
this appeal. It was open to
5
the owner to pay additional premium to cover the entire risk of
death or personal injury ... vehicle or passenger in a private car, is to be covered
additional premium has to be paid. If no additional
premium is paid their risk
liable to fulfil necessary
formalities as also to pay the additional premium as determined by
the D.D.A. on the basis of the extent ... that in additional to the aforesaid conversion
charges, the petitioner is also required to pay some other amount by
way of additional premium.
viii
insured, but the policy
was an “Act Policy”, and no additional premium was paid for
covering the risk of occupants of the car. In spite ... claim and denied its liability on the ground that
no additional premium was paid covering the risk of the owner
of the vehicle. The Apex
excavator was being used as a „tool of
trade‟ and no additional premium was paid. The appellant filed a complaint before
the District Forum alleging ... being used as “Tool of Trade”, for which additional
premium was required to be paid by the
complainant and which was not paid
