Hindustan Aeronautics Limited vs Registering Authority & Ors on 10 September, 1999
7(a). Before
us, Mr. Bawa sought to rely heavily on the judgment and order of the Apex Court
in the case of Hindustan Aeronautics Ltd
versus Registering Authority and Ors [(1999) 8 SCC 169] to contend that the
ratio of that judgment regarding interpretation of the phrase plying for
hire, in the context of the provisions of section 3 and Entries No. 4 and 6 of
the Schedule of the Orissa Motor Vehicles Taxation Act, 1975 would apply to
this case also. His contentions were also that the vehicle had been purchased
just four and a half months before the theft; the complainant (petitioner in R.
P. No. 681/2006) was the actual owner of the vehicle and also the insured
person; the FIR lodged by the complainants son could not be relied upon as
conclusive evidence the vehicle having been used as a taxi on the date of the
theft; and the insured person, the complainant was not guilty of breach of any
term of the insurance policy.