( 1 ) THE plaintiff was the owner of a Studebaker Champion Motor Car. On June 24, 1949 he signed a proposal (Ex. I) for insuring this motor car with the defendant, (hereinafter called the company) against loss or damage to it and third party liability arising from its use. On that proposal, a policy (Ex. II dated July 26, 1949 was issued by the Company insuring the car for one year, so far as material to this case, against any damage occasioned by accidental external means. The policy contained a recital that the proposal and declaration as stated in the schedule to that policy shall be the basis of the contract between the parties and shall be deemed to be incorporated in it. The policy was made subject to the conditions contained in it or endorsed thereon. One of those conditions provided that the due observance and fulfilment of such conditions and the endorsements and the truth of the statements and answers in the proposal shall be conditions precedent to the liability of the company under the policy.

( 2 ) ON the night of November 15, 1949, while the car was being driven by the plaintiff's driver pushparaj P. W. 5. when the plaintiff was returning from Kolar