SHEELA Vs. BRANCH MANAGER

JUDGEMENT

(1.) Heard.

(2.) In both these appeals, the appellant ­ owner of the offending vehicle challenges the legality and correctness of the award dated 30/07/2008 in Claim Petition No.281/2000 and award dated 25/11/2008 in Claim Petition No.9/2000 passed by the Member, Motor Accident Claims Tribunal, Nagpur.

(3.) Briefly stated, on 05/06/1999, the Tempo Trax No.MH-31/G-6545 carrying 7 ­ 8 persons, turned turtle near Bharsingi turning on Katol - Jalalkheda Road, which resulted in injuries to several persons. The injured / claimants filed claim petition for compensation under Section 166 of the Motor Vehicles Act, 1988 claiming compensation towards various heads. The appellant ­ owner and respondent No.1 ­ Insurance Company resisted the claim on the ground that there was no reason for the claimants to sit unauthorisedly in the private car and therefore, owner and Insurance Company are not liable. The Insurance Company has also taken the defence of fundamental breach of policy by the owner inasmuch as the offending vehicle which was for private use of the owner, was used for the purposes of 'Hire or Reward'.