GEETA DEVI MISHRA Vs. ANIL KUMAR TIWARI

JUDGEMENT

(1.) This is an appeal by the claimants against the order by which their application under section 140 of Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') for compensation on the principle of 'no fault' has been rejected.

(2.) There was an accident on 11.12.2000 near the village Dhandhari on the road in which Vikrant Mishra died. Appellant Nos. 1 and 2 are his parents. Jeep No. MP 18-B 4175 was involved in this accident. It was being driven by the respondent No. 1 Anil Kumar Tiwari and it was owned by respondent No. 2 Gajendra Pratap Singh. It was insured with respondent No. 3 New India Assurance Co. Ltd.

(3.) The Additional Motor Accidents Claims Tribunal (hereinafter to be referred to as 'the Tribunal') awarded an amount of Rs. 25,000 as compensation under section 140 of the Act against the owner and the driver and not against the insurance company. The insurer has been exonerated on the ground that there has been a breach of the condition of the insurance policy inasmuch as the jeep was being used as a taxi at the time of accident. The amount of Rs. 25,000 instead of Rs. 50,000 was awarded in view of Repealing and Amending Act, 2001.