KESHARSHINGH Vs. BHANA

JUDGEMENT

(1.) All these appeals involve a common question of law as to whether the insurance company can be held to be liable for payment of compensation to the passengers travelling in a goods vehicle in breach of the terms and conditions of the insurance policy. Since the facts in all these appeals are same, the facts in M.A. No. 3281 of 2009 (Kesharsingh v. Bhana) are referred to in this judgment.

(2.) Ismail, respondent No. 2, obtained an insurance policy insuring his pickup van loading vehicle (Bajaj Tempo) bearing registration No. MP 46-G 0139, which was registered as loading vehicle with seating capacity of two persons, vehicle was insured with Bajaj Allianz General Insurance Co. Ltd., respondent No. 3, for the period covering 18.3.2007 to 17.3.2008. The said vehicle was insured by policy No. OG-07-2302-1807-00000612.

(3.) On 26.1.2008 at about 4 p.m. when deceased Jwaharsingh was going with his friends and relatives in the aforesaid pickup van, the driver of the said pickup van was driving the said vehicle very rashly and negligently. The said vehicle turned turtle near village Kathora, as a result of which all the occupants of the vehicle sustained grievous injuries and the deceased Jwaharsingh too sustained grievous injury. He died during treatment. F.I.R. was lodged by one Jairam, s/o Premsingh Bhilala, on 21.6.2008 at about 1920 hrs in which it is stated that he is a resident of Simlipura Ambada of Police Station Kukshi, District Dhar. He along with his family members, friends and relatives totalling 25 in numbers hired the said vehicle for Rs. 1,300 for going from village Palia and return back to Palia. The driver of the offending vehicle was driving the vehicle very rashly and negligently and, therefore, vehicle turned turtle. Out of 25 passengers 11 sustained injuries. Deceased Jwaharsingh sustained grievous injuries and died during his treatment.