BABU SINGH SIKARWAR Vs. SHREELAL & OTHERS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act 1988 has been preferred by the owner/appellant of the vehicle involved in accident against an Award dated 4th July 2006 in Claim Case No. 3/2006 passed by the Additional Member of the Motor Accidents Claims Tribunal Guna (M.P.) while exonerating the Insurance Company /respondent No.3 from indemnifying the liability on behalf of the owner to pay award amount to the claimant/injured.

(2.) Facts, in brief, just for the decision of this appeal are that on 27th September 2004 at about 3 p.m., the injured and 7-8 passengers were going in a Jeep No. MP08A/8768 from Bharsula Chauraha to Khamkheda Balaji. It is alleged that due to rash and negligent act of the driver of the jeep, it met with collision against a Babul tree near Awasthi Hotel while over-crossing the truck coming from front side and thereafter overturned. As a result, petitioner/respondent No.1, namely, Shrilal got severe injuries and fractures in femur and fibula. The F.I.R. was lodged against the driver of the jeep and after investigation the charge sheet was filed in the Criminal Court. On submitting claim, the learned tribunal after consideration of the evidence passed the award for Rs. 34,000/- against the owner and driver but exonerated the Insurance Company for indemnifying the liability of payment of award to claimant/injured. Being aggrieved by the directions of the learned MACT, the appellantowner has come to this court.

(3.) Learned counsel for the appellant contended that the award under appeal is not passed in consonance with the facts and evidence on record and therefore it is liable to be set aside. It is submitted that the compensation was awarded without considering the evidence on higher side. The finding that the Insurance Company was liable to exonerate from indemnifying the liability of the insured while the vehicle was insured under comprehensive insurance cover note and an extra premium was recovered for covering risk of 8 other passengers travelling in the vehicle involved in accident is therefore not sustainable in law. It is also not proved by the evidence that the passengers died or injured in vehicle were travelling on paying fare or the driver was involved in racing the vehicle, hence, according to the learned counsel, the Insurance company cannot be excluded for breach of the terms and conditions of the policy. It is, therefore, prayed that by allowing the appeal, the directions issued by the tribunal for payment of the award by the appellant and driver may be set aside and the Insurance company may be directed to indemnify the liability of the owner for payment of award to the claimant.