NATIONAL INSURANCE CO LTD Vs. MOHANLAL TAMRAKAR

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Durg, in Claim Case No. 84 of 1999, dated 30.12.1999.

(2.) The incident took place on 10.5.1998. Deceased Pramod Tamrakar was travelling in Tata Sumo jeep bearing registration No. MP 23-G 8366 from Durg to Rajnandgaon. At 7.30 a.m., near Ganesh Temple on the G.E. Road, the vehicle went out of control and overturned. Deceased sustained fatal injuries due to which he died in the District Hospital, Rajnandgaon, after 4 or 5 hours. The vehicle was owned by respondent No. 8 Lambasingh and driven by respondent No. 7, Sunil Yadav. It was insured with the appellant. After filing reply, respondent Nos. 7 and 8 were proceeded ex parte.

(3.) Defence of the appellant is that there was breach in the policy conditions with respect to driving licence and unauthorised use of the same, having been used as a taxi, though it was a private car. Appellant had sought permission under section 170 of the Motor Vehicles Act, 1988, and availed other defences including those under section 149 (2) of the Act. Allegation is that the accident occurred because of rashness and negligence on the part of the driver.