JUDGMENT

Punchhi, J.-In this appeal by special leave, the question of importance arising therein is whether the alleged breach of carrying humans in a goods vehicle more than the number permitted in terms of the insurance policy, is so fundamental a breach so as to afford ground to the insurer to eschew liability altogether ? Ancillary to the question is the poser: whether the terms of the policy of insurance need be construed strictly or be read down to advance the main purpose of the contract as viewed by this Court in Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan & Ors.1

2. The appellant herein was the registered owner of a Tata Truck bearing No.KA-13/438, duly insured with the Oriental Insurance Co. Ltd., the respondent herein, vide policy dated 24.8.1990 covered for period uptil 23.8.1991. The policy was comprehensive in nature, covering risk to the limit of Rs.2,09,000/-. During the subsistence of the policy, the vehicle of the appellant met with an accident on 5.8.1991 when, allegedly, a gas tanker came and dashed against the said vehicle. Apart from the other damage which occasioned due to the accident, the appellant s vehicle sustained major damages on account of w