UNITED INDIA INSURANCE CO. LTD. Vs. ASHA

JUDGEMENT

(1.) This order shall govern disposal of all the three Misc. Appeals and one civil revision as they arise out of common award dtd. 1/11/2012 passed by the Additional Motor Accident Claims Tribunal, Sheopur in Claim cases Nos.01/2012, 02/2012, 03/2012 and 05/2012; whereby, learned Claims Tribunal has awarded compensation of Rs.96,600.00 in favour of claimant Mukesh, Rs.35,000.00 in favour of claimant Ashabai, Rs.3,87,000.00 in favour of claimant Banti and Rs.9,000.00 in favour of claimant Lalaram.

(2.) Briefly stated, the facts of the case are that on 13/5/2011 the claimants along with others were travelling in Jeep No.MP-33 D-0192 from Vijaypur to Narvar Lodi Devi Mata temple. Respondent- Bharatlal was driving the said jeep rashly & negligently, due to which the offending vehicle capsized, as a result of which the claimants sustained injuries.

(3.) It is submitted by the learned counsel for the Insurance Company that the policy Ex.D/3 is a private car act only policy. Only premium has been paid for third party as well as for employee under Workmen Compensation Act, but no premium has been paid for the passenger travelling in the vehicle, therefore, the claimants are not covered under this policy, and therefore, the Insurance Company is not liable to pay the compensation at all. There is no question of pay and recover arises. He placed reliance on the following judgments :-