SCDRC on 1 May 2014. On the issue of IMT 47,
The SCDRC made the following observations:
“9. So far as another plea taken ... plea raised by the insurer. The
reason being that as per IMT 47 mentioned in the
insurance policy and which has also been quoted
ugha
FkkA
fo}ku ftyk eap us vius fu.kZ; esa IMT- 47 dks m)`r fd;k gS]
tks fuEu izdkj gS%&
IMT ... loZizFke ge ;g Li"V djuk pkgrs gS fd IMT- 47 D;k gSA IMT-
47 fdlh rjg dk dksbZ Statutory ,DV ugha
operation,
therefore, the policy in question is without endorsement under
IMT47 and they recommended to treat the claim as no claim.
2.4. The defendant ... found that insured plaintiff did not pay the
additional premium for IMT47, which covers the overturning
extension for the aforesaid type of commercial vehicle
operation as a tool of such vehicle. He
referred to IMT 47 which reads as follows:-
"IMT 47. MOBILE CRANES/ DRILLING RIGS/
MOBILE PLANTS ... herein/
attached to IMT 47, IMT 28, IMT 29 and IMT 23. It is also mentioned that
details of IMT Endorsements and GR is available
overturning risk by paying additional premium to include IMT 47 in the policy. The learned counsel has further advanced the contention that ... IMT 47 was not incorporated as the complainant had not opted for the same and in Ext.B2 IMT 47 was incorporated
liable, particularly, since there was no specific exclusion available under
IMT 47. The Tribunal had relied upon the judgement reported in 2011 ( 1)
TNMAC ... show that it is the old IMT No.37, that is now incorporated into as
IMT No.47
liable, particularly, since there was no specific exclusion available under
IMT 47. The Tribunal had relied upon the judgement reported in 2011 ( 1)
TNMAC ... show that it is the old IMT No.37, that is now incorporated into as
IMT No.47
landslide/rockslide."
Furthermore, in regard to the application of IMT 47 in the following terms:
"IMT 47: Mobile Cranes/ Drilling Rigs/ Mobile Plants ... held that: -
"9. In order to attract the applicability of IMT 47, certain specific conditions have to be fulfilled. IMT 47 excludes liability
plant and it having overturned, when
being used as a tool, IMT 47, subject to which the policy was issued, was
applicable and nothing ... learned counsel
for the parties and gone through the record.
5. IMT 47 reads as follows:-
IMT.47.Mobile Cranes/Drilling
rigs/mobile plants/Excavators
ground that the Policy had not been
extended for IMT 47 and that, during the time of accident,
the vehicle was used ... first instance, it would be useful to quote
below IMT.47 that finds place in Ex.B1:-
"IMT 47: Mobile Cranes/
Drilling Rigs
