NATIONAL INSURANCE CO. LTD. Vs. CHANDER PATI

JUDGEMENT

(1.) The present appeal has been filed by the appellant-Insurance Company, challenging the impugned Award dated 02.06.1997, passed by the learned Motor Accident Claims Tribunal, Hisar. The solitary argument raised by the learned counsel for the appellant is that as per the claimants' own case, the offending vehicle was hired by them against payment. He refers to the statement of PW-1, Dharampal S/o. Budh Singh, one of the passengers and father of Inderjeet Singh, since deceased, has stated that they had hired the jeep for Rs. 800/-, for going from Village Kanwari to Village Bond. All other passengers were also known to him. Therefore, the learned counsel submits that the vehicle was being plied against the terms and conditions of the insurance policy as the jeep in question was insured as a private car.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) It is the admitted case of the parties that the offending jeep was insured as a private car. However, from the testimony of PW-1, Dharampal, it is evident that at the time of the accident, the vehicle was being used as a commercial vehicle. He has also admitted the fact of hiring the jeep for Rs. 800/-, which is in gross violation of the terms and conditions of the insurance policy. In the circumstances, the present appeal is partly allowed and the impugned award is modified to the extent that the appellant-Insurance Company shall have the recovery rights over the owner and driver on the principle of 'pay and recover'.