Pleadings of – Non-framing of issue – Effect of -- No evidence that the car was being plied on hire at the relevant time -- Insurance Company did not plead this fact in its written statement -- Consequently, the Tribunal did not frame any issue on this aspect – Held, Insurance Company has failed to lay any foundation by pleading the aforesaid fact and thereafter, corroborate the same by leading any evidence -- Hence, the contention is rejected.

(P&H HC) Decided on: 23.04.2021

Registered owner – Bus given on hire to Public Transport – Insurer’s liability -- Policy of insurance is contractual obligation between the insured and the insurer -- It has not been shown that owner could not have given bus on hire as per any provision of policy – In the absence of any stipulation prohibiting such an arrangement in the insurance policy, in view of agreement of lease, the Registered owner and insurer cannot also escape from the liability -- More so, in view of the provisions of Section 157 of the Act of 1988, the insurer cannot escape the liability.

(SC) Decided on: 27.10.2015