LAWS(CHH)-2014-9-25

PRAKASH ENTERPRISES Vs. SUKALURAM AND ORS.

Decided On September 10, 2014
PRAKASH ENTERPRISES Appellant
V/S
Sukaluram And Ors. Respondents

JUDGEMENT

(1.) All the three appeals aware being tried and decided together as they are arising out of the same accident and similar facts are involved. In all the appeals, the award dated 20th September, 2007 is under challenge whereby three claim petitions bearing Nos. 81/2006, 82/2006 and 85/2006 were decided and by such award, the Insurance Company was exonerated to make good the award on the ground that there has been a breach of policy.

(2.) The brief facts of the case are that on 19th January, 2006, the vehicles Swaraj Majda bearing registration No. C.G. 05 ZB 0105 met with an accident. It was pleaded that in the said vehicle Mansingh (deceased in claim case No. 85/2006) and Pawan Kumar (deceased in claim case No. 81/2006) were travelling in a capacity of Hamal and were returning from village Kodobatar to Kurud. At the relevant time, the vehicle was being driven at a high speed and in rash and negligent manner by Panch Kumar, the driver of the offending vehicle, whereby he lost his control and dashed the tree. It was further stated that one of the deceased Gayabai who was standing and waiting at the place of incident was dashed by such vehicle whereby she also died. Subsequently, the dependent/legal heirs of the deceased namely Gayabai, Mansingh and Pawan Kumar have filed different claim petitions.

(3.) The learned Tribunal by a common order dated 20th September, 2007, passed an award of different amount, however, exonerated the Insurance Company from the liability on the premise that the vehicle which was a goods carrying vehicle was being used other than goods carrying and, as such, there was a breach of policy.