MOHD KHALIL Vs. RAM PRASAD PATASKAR

JUDGEMENT

(1.) This appeal is directed against the award dated 3.9.1992 in Claim Case No. 3 of 1992 by which though the appellants, owner and driver of the offending vehicle, jeep No. MP 18-1085 were saddled with liability to pay compensation, but respondent No. 3, the insurer was exonerated from its liability.

(2.) The facts not disputed in this appeal are that in the night intervening between 28/29.4.1990, a minor boy Mahendra Kumar Pataskar, aged about 14 years, was travelling from Kotma to Shahdol along with others in the jeep No. MP 18-1085, which met with an accident near apulia at Jamua. The minor boy Mahendra Kumar Pataskar sustained grievous injuries, which proved fatal. Claim for compensation was filed by respondent Nos. 1 and 2, the unfortunate parents of the deceased.

(3.) The Tribunal held that the appellants, owner and driver of the said jeep were liable to pay compensation of Rs. 44,500. However, the respondent No. 3 insurer was exonerated from liability as there was breach of policy conditions. It was held that since the jeep was insured for private use and it was carrying passengers, after realising Rs. 10 each from the passengers including the deceased, the insurer was not liable to reimburse the amount of compensation to the owner of the jeep.