KKANDHI Vs. GOVIND SINGH DHRUVE

JUDGEMENT

(1.) These appeals arise out of the same accident. Four appeals have been preferred by the owner and driver; M.A. Nos. 2457, 2459, 2458 and 2456 of 1999 aggrieved by the part of the award exonerating insurance company, National Insurance Co. Ltd., whereas M.A. Nos. 2498, 2499 and 2500 of 1999 have been filed on behalf of the claimants for enhancement of compensation and also to saddle the liability on the insurer. Injured/deceased were travelling in the vehicle Tata 407 which is a goods carrier vehicle along with their goods, grain, etc. On 16.3.1997 at about 1.30 p.m. at Bazar Road at village Bharra Tola, Tata 407 MP 20-G 2018 turned turtle as it was driven by Kandhi alias Kanhaiyalal Sahu in a rash and negligent manner, resultantly persons travelling suffered injuries, some of them died. The vehicle was owned by Neeraj Jain, insured with National Insurance Co. Ltd. Applications for compensation were preferred claiming compensation in each case.

(2.) The driver, Kandhi alias Kanhaiyalal did not file any written statement. The owner in the written statement contended that the driver did not drive the vehicle in a rash and negligent manner. Accident was not caused by him. Other facts were also denied. Excessive compensation has been claimed. Driver possessed valid and effective driving licence. Vehicle was insured as such there is liability of insurance company to make payment of compensation.

(3.) The insurance company, National Insurance Co. Ltd. in the written statement contended that there was no rash and negligent driving. Vehicle in question was a goods vehicle in which 20-25 persons were travelling. Driver of the vehicle did not possess the effective driving licence. As passengers were carried, there was violation of terms and conditions of the insurance policy, hence the insurer is not liable to make the payment of compensation.