- (1.) THE challenge in this appeal by the insurance company is to its liability for payment of the amount awarded as compensation to the claimants on the plea that the policy of insurance in respect of the vehicle involved in the accident, at the time thereof, stood in the name of a person who was presumed to be dead at that time.
(2.) THE offending vehicle was the motor cycle MHI-174 which was owned by Flight Lieutenant S. B. Bhagwat.
(3.) DURING the Indo-Pak conflict of 1965, Flt. Lt. S. B. Bhagwat was reported missing and has not been heard of ever since. The evidence on record shows that the motor vehicle MHI-174 along with the other belongings of Flt, Lt. S. B. Bhagwat were handed over to his parents by the Air Force authorities. His parents, in turn, gave this motor cycle to his brother, Mr. B. B. Bhagwat, and since 1969, it has been in the use and possession of Mr. B. B. Bhagwat. It continued, however, to be in the name of Flt. Lt. S. B. Bhagwat as also the policy of insurance in respect thereof. The insurance premium continued to be paid, but in the name of Flt. Lt. S. B. Bhagwat.;