JUDGMENT

S.B. SINHA, J.—

1.Leave granted.

2.The short question involved in this appeal arising out of a judgment and order dated 17.05.2005 passed by the High Court of Himachal Pradesh in FAO (MVA) No. 208 of 1997 is as to whether in the event a car is requisitioned by the State for the purpose of deploying the same in the election duty, who would be liable to pay compensation to the victim of the accident in terms of the provisions of the Motor Vehicles Act, 1988 (for short “the 1988 Act”).

3.Respondent No. 3 was the owner of a Maruti Gypsy bearing Registration No. HIS 6095. Appellant Company issued a policy of insurance in favour of Respondent No. 4 for the said Maruti Gypsy for the period 10.06.1993 to 9.06.1994. In regard to limitation of its use, the insurance policy provided:

“For private car IXI and Motor Cycle/Scooter IYI. Use only for social, domestic and pleasures and insured’s own purpose”

4.The car in question was requisitioned during the Assembly Elections in the year 1993 by the Sub-Divisional Magistrate Rampur through the Deputy Commissioner, Shimla. The said vehicle was in possession as also under the control of the said officer. On or about 17.11.1993 while the Sub-Divis