party No. 1. The burden to prove this fact that the vehicle was overloaded was upon the insurance company. Even assuming that there were eight ... vehicle should be used for the purpose not allowed by the permit under which the vehicle is used, where the vehicle is transport vehicle. That
erroneous and contrary to the evidence on record.
c) The offending vehicle was overloaded and against the seating capacity
of fifteen it was carrying thirty ... conditions of the Insurance Policy and
Route Permit as the said vehicle was overloaded at the time of
accident? OPR"
As is evident
framed any
issue with regard to overloading. Otherwise also, issue with regard to the
overloading of the offending vehicle and the liability of the insurer ... thus, trite law
that even if, passenger vehicle is overloaded, the Insurance Company is not
totally absolved of its liability to indemnify the owner
grounds urged by the Insurance Company/appellant
herein that the offending vehicle was overloaded at the time of the accident and
that the same ... vehicle by a duly licenced driver. The
Insurance Company/appellant herein as well did not prove the fact that the
offending vehicle was overloaded
claim or deduct 25% of claim
amount, whichever is higher.
(ii) Overloading of vehicles Pay claims not exceeding
beyond licensed carrying 75% of admissible claim ... deduct 25 per cent of
claim amount, whichever is
higher.
(ii) Overloading of vehicles Pay claims not exceeding 75
beyond licensed carrying per cent
claim or deduct 25% of claim
amount, whichever is higher.
(ii) Overloading of vehicles Pay claims not exceeding
beyond licensed carrying 75% of admissible claim ... deduct 25 per cent of
claim amount, whichever is
higher.
(ii) Overloading of vehicles Pay claims not exceeding 75
beyond licensed carrying per cent
claim or deduct 25% of claim
amount, whichever is higher.
(ii) Overloading of vehicles Pay claims not exceeding
beyond licensed carrying 75% of admissible claim ... deduct 25 per cent of
claim amount, whichever is
higher.
(ii) Overloading of vehicles Pay claims not exceeding 75
beyond licensed carrying per cent
offending vehicle was
not holding a valid and effective driving license. It was also
contended that the vehicle in question was overloaded ... insurer for challenging the impugned award is that the
offending vehicle was overloaded at the relevant time and as such,
there is breach of policy
offending vehicle was
not holding a valid and effective driving license. It was also
contended that the vehicle in question was overloaded ... insurer for challenging the impugned award is that the
offending vehicle was overloaded at the relevant time and as such,
there is breach of policy
claim or deduct 25% of claim
amount, whichever is higher.
(ii) Overloading of vehicles Pay claims not exceeding
beyond licensed carrying 75% of admissible claim ... deduct 25 per cent of
claim amount, whichever is
higher.
(ii) Overloading of vehicles Pay claims not exceeding 75
beyond licensed carrying per cent
