DASHRATHLAL JESINGHBHAI Vs. BAI GANGA

JUDGEMENT

(1.) THE heirs and legal representatives and mother of Bhikhaji Kacharaji had filed the M.A.C.T. Application No. 56 of 1977 before the Motor Accidents Claim Tribunal, Mehsana for recovering Rs. 50,000/- contending that deceased Bhikhaji, alongwith two other persons, hired jeep car bearing No. GJD 7950 on 17-12-1976 from Mehsana for going to a village Bhandhu. The jeep car was owned by the appellant. It was driven by one Bhailal Chhaganlal Patel, who is the respondent No. 1 in this appeal. The claimants also joined the insurance company as party. It was contended that when jeep was proceeding ahead towards Bhandu on the Highway, all of a sudden the driver applied the brakes and the jeep took a some result and fall in a ditch. The deceased was sitting in front seat and he fell down. He was seriously injured and was removed to the Civil Hospital, Mehsana, where he expired. It was contended that the jeep car was driven rashly and negligently by the driver, and, as a result of which the accident took place.

(2.) THE said application was contended by the appellant-owner, who filed the written statement. He denied that the driver of the jeep car was rash and/or negligent. He also contended that the respondent No. 1 herein was not his driver at the relevant time. The driver has not filed his written statement before the tribunal, but he is examined at edh. 64. The insurance company contended that the insurance company was not liable to pay the amount, as the risk was not covered by insurance policy and the vehicle was driven against the conditions of the policy.

(3.) IN this appeal, the learned advocate for the appellant, raised the following contentions: