NEW INDIA ASSURANCE CO LTD Vs. MUNNI BAI

JUDGEMENT

(1.) The present appeal has been filed by the appellant New India Assurance Co. Ltd., being aggrieved by the award dated 12.11.1999 passed in Claim Case No. 51 of 1999.

(2.) Deceased Nemichand met with an accident on 19.2.1999, while he was going from Sagar to Rahatgarh in a jeep bearing registration No. MP 15-D 5637. The jeep was driven by respondent Ramji, in a rash and negligent manner and as a result of which it turned turtle. Nemichand sustained injuries and on the way to hospital he died. Legal representatives of deceased Nemichand, i.e., his widow, sons and daughters claimed the compensation of Rs. 8,61,000.

(3.) The insurer in the written statement denied its liability and contended that the jeep in question was being used in violation of the terms and conditions of the insurance policy as it was insured for private use only. It is further contended by the counsel appearing for the appellant that the jeep in question was being used as a taxi hence, it was not liable to indemnify. The driver of the vehicle was not possessing a valid driving licence and as such for this reason also the insurance company was not liable to pay the compensation.