Judgment

VENKATARAMIAH, J. :- The short question involved in this case is whether an insurer who has issued a policy insuring any person specified in the policy against any liability which may be incurred by him in respect of the death of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of a motor vehicle in a public place, is liable to pay compensation to such third party or to his or her legal representatives as the case may be when the liability arises when the motor vehicle is in the custody of a repairer.

2. One Sayed Hussain was a partner of a firm by name M/s. International Ship Repairers carrying on business at Vasco-de-Gama, Goa which was the owner of an Ambassador Car. He entrusted the said car to Guru, proprietor of M/s. Auto Electrical Works on 26th February, 1983 with instructions to carry out electrical repairs to the car and handed over the keys of the car to the repairer for that purpose. The car had been insured by the owner with M/s. Oriental Insurance Co. Ltd. as required by the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act).

3. On the evening of Feb. 26, 1983 Filomena F. L