ground that deceased driver of the vehicle
was insured under IMT 28 by paying premium by the owner of the
vehicle and, therefore ... under Workmen Compensation Act, 1923 .
The insurance policy was obtained under IMT 28 and not under IMT
17, so the Insurance Company was not liable
perusal of the Indian Motor Tariff shows that its clause IMT 28 issued
under Section 7 of the Indian Motor Tariff covers legal liability ... driver etc., which is extracted hereunder:
"IMT. 28. LEGAL LIABILITY TO PAID DRIVER AND/OR
CONDUCTOR AND/OR CLEANER EMPLOYED IN
CONNECTION WITH
what was the specific
coverage under the policy. A perusal of IMT 28 of the Indian Motor
Tariff issued under Section 7 of the Indian ... legal
liability to paid driver etc., which is extracted hereunder:-
"IMT. 28. LEGAL LIABILITY TO PAID DRIVER AND/OR
CONDUCTOR AND/OR CLEANER EMPLOYED
IMT-28 issued by the Tariff Advisory
Committee, the legal liability to paid driver, etc. is covered as under:-
"IMT. 28. LEGAL LIABILITY
driver [IMT 15], Limited Legal Liability paid drivers [IMT 40], number of persons
2, Legal Liability Premium to paid driver/cleaner/conductor [IMT 39], number ... IMT-39] have collected Rs.75/-.
Totally, they have collected Rs.6,728/-. The insurance is subject to IMT
Endorsement Nos.21, 15, 28
risk to the paid driver is
covered by IMT-28, which is extracted hereunder:-
"IMT. 28. LEGAL LIABILITY TO PAID DRIVER AND/OR
CONDUCTOR
Insurance Company Ltd and others vs Konduru Lakshmi and others decided on
28-07-2011 wherein it was held that the legal heirs ... personal
accident of owner when he drives the
insured vehicle. IMT 28 and 39 were quoted which read as under:
I.M.T.28 LEGAL
period from 4.3.2009 to 3.3.2010. For additional cover under Clauses IMT 17,28 & 39, an additional
premium of Rs.5757.66 was also paid ... insured i.e. on 3.3.2009, but the endorsement containing Clauses IMT 39,28
& 17 forming part of the Policy, was received by the complainant
fire external explosion, selfÂignition or
lightning or from the first paragraph.
IMT.10. HIRE PURCHASE AGREEMENT:
It is hereby understood and agreed that ... terms exceptions
conditions and limitation of this policy.
28. An analogous similar provisions, IMT.5 Hire Purchase
Agreement, enshrined in Contract of Insurance by another
auction by
HSIDC IMT Manesar.
Auction sales by HSIDC IMT Manesar
Allotment of SCO Sites for shopping booth in Sector-I, IMT
Manesar auction held ... 28