vehemently contended that the Tribunal ought to have
fastened the liability on the insurer, since the policy
issued by the insurer is a Package Policy ... fastening the liability on the insured, the
insured has contended that the Tribunal has erred in
fastening the liability on the insured and the claimants
insured and the insurance company. The policy
does not provide any benefit to the insured;
however, it covers the insured's legal liability ... entitling them to
claim compensation from the insurer or the
insured or both. Insurer's liability commences as
soon as the contract of insurance
detail discussed
regarding the liability is concerned. Considering the
material available on record has rightly fastened the
liability on the insured. There was no dispute ... fastened on the
insurer and not on the insured and the Tribunal has
committed an error in fastening the liability on the
insured
insurers to satisfy judgments and
awards against persons insured in respect of third
party risks.- (2) No sum shall be payable by an insurer ... liability
only on the grounds stated in sub-clause(2) of Section 149 of
the Act. In order to absolve its liability, the insurer
insuring of the trailer:
The insurer has contended that in the absence of
the trailer being insured, there would be no liability. In
support ... vehicle
which is insured under him and not
otherwise. In the instant case, the tractor is
only insured as such the insurer is expected
third parties. To
avoid its liability towards the insured, the
insurer has to prove that the insured was
guilty of negligence and failed to exercise ... others9 and expressed the view that in order to avoid liability, the
insurer must establish that there was breach on the part of the
insured
third parties. To avoid its liability towards insured, the insurer
has to prove that the insured was guilty of negligence and failed
to exercise reasonable ... themselves defences available to the insurer against
either the insured or the third parties. To avoid its liability
towards insured, the insurer has to prove
defence taken by the insurer is
accepted by the Tribunal, it is bound to discharge the insurer
and fix the liability only on the owner ... third parties. To avoid its liability towards insured, the
insurer has to prove that the insured was guilty of
negligence and failed to exercise reasonable
thereby violated
terms and conditions of the policy, exonerated the
liability of the insurer and fastened the same on the
owner.
10. The said order ... route where there was no permit,
question of affixing the liability the Insurer did not
arise.
13. The point for consideration is:-
"Whether
person or gratuitous passenger in the insured vehicle.
Therefore, the liability of the insurer does not arise at
all. She further contended that the injured ... liability on respondent No.2-owner and exonerating
the insurer from the liability.
- 17 -
6. Per contra, Smt.Sunitha Kalasoor, learned
counsel appearing
