ORIENTAL INSURANCE CO LTD Vs. DARSHNA KALIA

JUDGEMENT

(1.) The insurer has filed the present appeal assailing the impugned award dated 18.4.1994 passed by the Motor Accidents Claims Tribunal (III), Kangra at Dharamshala, H.P. in M.A.C.P. No. 7 of 1991, titled as Darshna Kalia v. Pawan Kumar, awarding a compensation of Rs. 1,20,000 in favour of the claimant on account of death of her son who died in a motor vehicle accident which took place on 15.8.1990. The liability to pay the same has been fastened upon the insurer who alone has filed the present appeal. The owner of the vehicle as also the claimant have accepted the award.

(2.) Permission under section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has not been accorded in favour of the appellant, hence the scope of the present appeal is narrow.

(3.) Dr. Lalit Sharma, the learned counsel for the insurer has assailed the impugned award on the ground that the vehicle in effect was being plied as a taxi and was hired by Pardeep Kumar, son of the claimant. Keeping in view of the limitation as to use, since the policy did not cover use for hire and reward, material terms and conditions of the policy stood violated hence the insurer was not liable to indemnify the insured. The fact that the vehicle was insured has not been disputed.