JUDGMENT:- The plaintiff who was unsuccessful in both the Courts below has filed this second appeal. The suit was filed by him for recovery of a sum of Rs.3715-20 against the defendant-insurance company. The plaintiff's lorry MDS 4779 was insured with the defendant against loss or damage by any accident for the period from 11-8-1962 to 10-8-1963. The licenced carrying capacity of the lorry was 5.392 tons as admitted in these proceedings. Subsequently on 7-11-1962 the licensed carrying capacity was increased to 6.1742 tons. The proposal for insuring the vehicle was made on 11-8-1962 and this proposal was signed by Parasmal Mahar, who was the financier and who had a hire purchase agreement in his favour. In this proposal form, which is marked as Ex.B-1 in this case, in the column relating to particulars of vehicle to be insured, the licensed carrying capacity of the vehicle was given as 5 tons. The defendant accepted the proposal and issued the insurance policy No.12710, CV, Ex.A-1 in this case. The policy starts with the following clause:

"Whereas the insured by a proposal and declaration dated as stated in the schedule which shall be the basis of this contract and is deemed