NEW INDIA ASSURANCE CO LTD Vs. SHANTA BAI

JUDGEMENT

(1.) This group of three appeals (M.A. No. 224 of 1991, M.A. No. 225 of 1991 and M.A. No. 278 of 1991) and cross-objection under Order 41, rule 22, Civil Procedure Code in M.A. No. 278 of 1991 are proposed to be disposed of by this common order as they arise out of the common award and same accident.

(2.) Claimants in all the three appeals are Shanta Bai, widow of Kishan Singh Raghuvanshi (deceased) and her children. Cross-objection has been filed by Harjit Singh (jeep owner).

(3.) The accident took place on 27.4.1985 when the jeep No. MBC 185 turned turtle resulting in death of Kishan Singh Raghuvanshi, Kavita and Sangita. The vehicle was insured with the appellant at the time of accident. Allegation is that the accident took place due to rash and negligent driving of the vehicle. Appellant insurance company has taken the defence that jeep was carrying passengers for hire or reward and, therefore, it was not covered by the policy and the insurance company is not liable to pay compensation. The Tribunal has rejected this defence and has awarded compensation to the claimants in these cases. The award has been challenged through these appeals and cross-objection by the owner of the jeep.