NATIONAL INSURANCE CO LTD Vs. KAPOOR CHAND

JUDGEMENT

(1.) THESE two appeals arise out of a common award of the learned Motor accident Claims Tribunal-II, Shimla dated 29-4-2000 whereby he has allowed the claim petitions and held the Insurance Company liable to indemnify the owner and pay the compensation.

(2.) THE brief facts are that the vehicle No. HP-02-5128 met with an accident on 4-5-1996. The vehicle was being driven by its owner Sh. Ganga Lal. In this accident Smt. Radha Devi and Sh. Kushal Singh Negi died. Their legal heirs filed the two claim petitions. The learned Tribunal allowed both the claim petitions. Hence, these two appeals.

(3.) CHALLENGE of the Insurance Company to the award is on two grounds. Firstly, the vehicle in question i. e. Maruti Van No. HP-02-5228 (sic) was admittedly a taxi and therefore a commercial vehicle and since the driving licence of Ganga Lal did not have any endorsement entitling him to drive a transport vehicle there was a violation of the policy and the Insurance Company is not liable. Second contention is that the vehicle in question was not duly insured on the date of accident since cheque paid for payment of the premium had bounced.