RAJENDER Vs. KAMLA AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the owner of the offending vehicle, assailing the impugned Award dated 28.5.1999, passed by the learned Motor Accident Claims Tribunal, Hisar (for short 'the Tribunal'), vide which, a sum of Rs. 3,67,000.00 has been awarded as compensation to the claimants, and the appellant alongwith the driver has been held liable jointly and severally.

(2.) Learned counsel for the appellant contends that the appellant has been wrongly held liable to indemnify the award, by the learned Tribunal, on the ground that the vehicle was being used against the terms and conditions of the insurance policy. The vehicle was insured as a private vehicle at the time of accident. It was not being used for hire and reward purpose. He further submits that the vehicle was carrying marriage party and no fair was charged from them. There is no evidence on record that the accident occurred due rash and negligent driving of the driver of the offending jeep. Therefore, the appellant is not liable to pay the compensation.

(3.) Despite service, none appeared on behalf of the respondents.