NATIONAL INSURANCE CO LTD Vs. BINIYA BAI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the award dated 9. 1. 1995 in Motor Accidents Claims Tribunal Case No. 29 of 1989, by IV Addl. Motor Accidents Claims Tribunal, Sagar.

(2.) IT is no longer in dispute that truck No. CPJ 4382 is owned by Komal Chand, driven by present respondent No. 4, driver Bihari and insured by appellant National Insurance Co. Ltd. Deceased Ganesh was travelling in the said truck on 7. 6. 1987, after payment of fare to driver, respondent No. 4, when it turned turtle and met with an accident, resulting in serious injury to deceased Ganesh. Despite treatment the deceased Ganesh succumbed to the injuries sustained in the accident. He died on 8. 6. 1987. The legal representatives of the deceased Ganesh, the respondent Nos. 1 to 3 herein, filed a claim petition praying that the compensation be awarded against the owner, driver and the present appellant National Insurance Co. Ltd.

(3.) THE petition of claim was resisted by the appellant insurance company, inter alia, on the ground that the deceased was travelling in the said truck in breach of condition of insurance policy issued by the appellant.