Jagannadha Rao. C.J.

This reference to a Full Bench has been made by a Division Bench of this Court doubting the correctness of the judgment of another Division Bench in New India Assurance Co. Ltd. v. Thankamani & others (1984 ACJ 791 (Ker.)). The leamed judges feit that the above decision could not be treated as good law in view of the decisions of the Supreme Court in National Insurance Co. Ltd. v. Jugal Kishore (AIR 1988 SC 719) and M.K. Kunhimohammed v. P.A. Ahmed Kutty & Ors. (AIR 1987 SC 2158). The point in these cases related to the defences that are open to Insurance Company under S.96(6) of the Motor Vehicles Act. 1939. the appeal before as is by the National Insurance Co. Ltd. Of course. during the course of th-s hearing of this appeal. leamed counsel for the respondents has sought to sustain the award passed by the Tribunal on certain other grounds.

2. The facts of the case are as follows: The deceased. who was aged 57 years at the time of the accident. was killed on 25-11-1981 while travelling as a passenger in a stage carriage bus. The accident occurred on account of [he negligent driving of the driver of the said vehicle. The name of the owner of the vehicl