R.JAYASIMHA BABU, J.

The insurer is the appellant. The Policy it had issued was in respect of a motor vehicle which had mounted on it a drilling rig. The Policy contained Endorsement No.37, which reads as follows:-

"37. Mobile Cranes/Drilling Rigs.

It is hereby declared and agreed notwithstanding anything to the contrary contained in this policy that in respect of the Motor Vehicle the Company shall be under no liability.

(a) Under Section I of this Policy in respect of loss or damage resulting from overturning arising out of the operation as a tool of such vehicle or of plant forming part of such vehicle or attached thereto except or loss or damage arising directly from fire, explosion, self ignition or lightning or burglary, housebreaking or theft.

(b) Under Section II except so far as is necessary to meet the requirements of the Motor Vehicles Act, 1988, in respect of liability incurred by the Insured arising out of the operation as a tool of such vehicle or of plant forming part of such vehicle or attached thereto."

2. Section II referred to therein is the Section dealing with liability to third parties, Section I being loss or damage to the vehicle. The liability to thir