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SUPREME COURT OF INDIA

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PETITIONER:

SKANDIA INSURANCE CO. LTD.

Vs.

RESPONDENT:

KOKILABEN CHANDRAVADAN & ORS.

DATE OF JUDGMENT01/04/1987

BENCH:

THAKKAR, M.P. (J)

BENCH:

THAKKAR, M.P. (J)

RAY, B.C. (J)

CITATION:

1987 AIR 1184 1987 SCR (2) 752

1987 SCC (2) 654 JT 1987 (2) 43

1987 SCALE (1)648

CITATOR INFO :

R 1991 SC1769 (12)

ACT:

Motor Vehicles Act, 1939--Ss. 94, 95 and 96--Victim of

motor vehicle accident--Compensation from insurance

company--Insurance against third party risk--Immunity of

Insurance Company--Extent of--In case of breach of condi-

tions of Insurance policy.

Statutory Interpretation--Intention of Legislature

Ascertainment of--To probe the motive and philosophy of the

relevant statutory provisions.

HEADNOTE:

The driver of a truck handed over the control of his

vehicle to the cleaner while its engine was running and the

ignition key was in the ignition lock. In the absence of the

driver, who had gone for bringing snacks the cleaner inter-

fered with the vehicle. which resulted in an accident.

The Tribunal as well as the High Court held that