UNITED INDIA INSURANCE CO LTD Vs. GOVERDHAN

JUDGEMENT

(1.) Insurer aggrieved by an award of Rs. 1,27,000 along with interest at the rate of 12 per cent per annum from the date of application, in claim petition with respect to death claim of Lac-chinder who died in a motor accident dated 30.12.1992, filed the instant appeal.

(2.) The deceased was working on daily wages as watchman in the Weavers Society, Paulbel. The deceased was carrying bundle of clothes on a vehicle bearing registration No. MP-25-2588 from Paulbel to Jagdalpur. The vehicle met with an accident about 6 km. before Jagdalpur. In the incident, deceased was injured. He was admitted in the hospital and succumbed to death same day. The Matador was owned by Sanjeev Kumar, non-applicant No. 2 and was driven by Vijay Yadav, non-applicant No. 1, and was insured with United India Insurance Co. Ltd. The claimants filed a claim petition for compensation of Rs. 4,23,000. The claimants are parents, widow and minor daughter of the deceased. The owner and driver in their joint reply admitted that the deceased was carrying the clothes. Accident was also admitted. However, it was denied that the accident occurred due to rash and negligent driving and the liability, if any, has to be indemnified by the insurance company. The insurance company in its reply denied even the factum of accident and factum of insurance. Alternatively, plea was taken that the driver was not possessing the valid driving licence in accordance with the provisions of Motor Vehicles Act, 1988.

(3.) It was further contended that the vehicle in question was not insured for carrying passengers. Hence, there was violation of terms of the policy. Hence, the insurance company was not liable to indemnify.