AMAR SINGH Vs. PURSHOTTAM SHARMA

JUDGEMENT

(1.) THE appellants, owner and driver, have filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 28.3.2006 passed by the First Additional Member, Motor Accidents Claims Tribunal, Guna in Claim Case No. 78 of 2005, questioning the award with regard to exoneration of the insurance company from liability to indemnify the insured.

(2.) ON 24.7.2005, claimant along with other persons was travelling in a jeep No. MP 08-D 0251. Due to rash and negligent driving of the driver of the aforesaid jeep, it turned turtle. In the aforesaid accident, claimant received serious injuries. Report of the accident was lodged at the police station. Subsequently, claimant filed claim application before the Tribunal claiming total compensation of Rs. 13,50,000.

(3.) IT is an admitted fact that the jeep No. MP 08-D 0251 was insured by the insurance company as a private vehicle. The witnesses, Takhat Singh, AW 2 and Deepak Sharma, AW 3 in their evidence admitted the fact that they had been travelling in the aforesaid jeep without paying fare because they had relationship with the driver of the jeep. Applicant-claimant, Purshottam in his cross-examination admitted the fact that he was going from Jamner to Pipalkhedi and he paid the fare of Rs. 5 and there were 16 to 17 persons who were travelling in the jeep. In the F.I.R., Exh. P2, it has been mentioned that the jeep was being used for the purpose of transporting passengers and looking to the aforesaid facts of the case, it is clear that at the relevant time the vehicle was used for transporting passengers and fare from the passengers had also been taken. IT is clear from the insurance policy that the vehicle was insured as a private vehicle.