Insurance Company, after placing reliance on GR-17 of Indian Motor Tariff which
superseded Indian Motor Tariff in existence upto 30.6.2002 as also judgement ... decided
on n 28.8.2009 with reference to GR-17 of the Indian Motor Tariff which is
applicable in the facts and circumstances of
the case
Sharma, Advocates on the contrary has
contended that GR 27 of Indian Motor Tariff casts
an obligation on the insurer to verify the
genuineness ... Bonus within the stipulated
period as provided in GR 27 of
Indian Motor Tariff, the insurer
would not be justified in repudiating
the insurance claim
Learned counsel stated that the State Commission failed to appreciate the Indian Motor Tariff-16 endorsement which provides for personal accident cover to unnamed passengers ... which, different rates of premium is prescribed under the Indian Motor Tariff, it cannot be contended that the claim for compensation is maintainable, only when
Gupta
3. Ex.DW1/3 Print out GR-17 of Indian Motor Tariff
(Objected as to mode of proof ... earlier policy. He further submits that clause
mentioned as GR17 of Indian Motor Tariff Regulation Act were neither
shown nor any signatures of the insurer
statutory
authority under the Insurance Act, 1938 , had framed the Indian
Motor Tariff Regulations governing the terms and conditions of the
insurance policies. The relevant ... part of GR-36 of the Indian Motor
Tariff Regulations, which is germane to determination of the
questions involved in the present case, provides
Tariff Advisory Committee to the insurers carrying on general insurance business in the Bombay Region, which is in the following terms:
TARIFF ADVISORY COMMITTEE
BOMBAY ... insurers to make the necessary amendment on sheet 38 of the Indian Motor Tariff pending reprinting of the relevant sheet. (Emphasis ours).
All existing policies
with both Liability only and Package Policies.
38. Section 7 of Indian Motor Tariff deals with Indian Motor Tariff (IMT) Endorsements ... appellant-Insurance Company has to be accepted, then the Indian Motor Tariff, would outreach the provisions of the Motor Vehicles Act, 1988 . Moverover, the extra
owner-driver.
16. However, in these cases GR-36 of the Indian Motor Tariff
Regulations issued by the Tariff Committee, which regulates the
grant ... correct law.
17. The relevant part of GR-36 of the Indian Motor Tariff
Regulations provides as under:-
"GR.36. Personal Accident (PA) Cover
having charged premium for liability to the public risk. Under the Indian Motor Tariff appellant insurance company issues following type of policies:
(1) Comprehensive Insurance ... Types of policies issued by the insurance company under the Indian Motor Tariff have been extracted hereinabove. In this case premium of Rs. 240 charged
insurers to make the necessary amendment on sheet 38 of the Indian Motor Tariff pending reprinting of the relevant sheet. (Emphasis ours).
All existing policies ... present case is concerned, the India Motor Tariff (IMT) 2002 supersedes the provisions of the India Motor Tariff (IMT) in existence upto 30th June
