MANORAMA YADAV Vs. MANGLESHWAR SINGH

JUDGEMENT

(1.) IN this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") the claimants, legal heirs of late Munnar Singh Yadav, have called in question the legal validity of the award dated 19-12-1995 passed by the Motor Accident Claims Tribunal, Satna (in short "the Tribunal") in Claim case No. 26/1991.

(2.) THE factual score that has been undraped is that on 11-6-1991 when the deceased Munnar Singh Yadav was driving in a jeep bearing registration No. MTE 2359 from Satna to Nagod, the said jeep met with an accident as it was driven in a rash and negligent manner by the driver and in the accident the said Munnar Singh Yadav sustained serious injuries and eventually suecumbed to the same. At the time of accident he was 48 years of age and was aspirant to get promotion to the higher post inasmuch as he was in Government service and had acceptably good prospects. The appellants as claimants instituted the aforesaid claim case before the Tribunal contending, inter alia, that the vehicle in question was insured with New India Insurance Company and the income of the deceased was Rs. 2542/- and had left behind his wife and four children. On the aforesaid basis a claim for a sum of Rs. 5,99,760/- was put forth before the Tribunal.

(3.) THE claim of the claimants/appellants was resisted by the insurer on the foundation that the vehicle in question was insured for private use but it was used for commercial purposes since the deceased was travelling alongwith others in a jeep as if the owner had the insurance for plying the vehicle for commercial purposes. The Tribunal accepted the contention of the insurer and came to hold that there had been fundamental breach of policy and on the said bedrock absolved the Insurance Company.