SHREERAM Vs. PEERULAL

JUDGEMENT

(1.) The decision rendered in this appeal shall govern the disposal of M.A. Nos. 725, 726, 727, 728, 729 and 730 of 1999, as all these appeals arise out of one award and secondly they arise out of one accident.

(2.) In short, the case of these appellants was that while travelling in jeep No. MP 13-C1890, on 13.10.1996, they received injuries as the jeep while moving on the road lost control and collapsed. According to appellants (claimants in Tribunal), this accident occurred solely due to rash and negligent driving of driver, Babulal, who died on the spot. According to appellants, they received injuries and some died and hence they are entitled to receive adequate compensation from owner of the offending vehicle, respondent No. 1 and insurance company, respondent No. 2 with whom the offending vehicle was insured at the relevant time. In every case, the claim of every claimant (appellant) varied due to nature of injuries sustained.

(3.) In substance, the respondents denied their liability. According to the insurance company, no liability could be fastened on them because of breach of policy in question, it was contended that firstly, Babulal, the driver of offending vehicle had no driving licence and secondly, the jeep in question was being used as a commercial vehicle claimants were travelling on payment and hence on these two grounds the liability was disowned.