MAHESH KUMAR Vs. KHURSHID ANWAR

JUDGEMENT

(1.) THIS miscellaneous appeal had been filed against the order dated 29.7.1998, passed by the District Judge, Madhubani in Claim Case No. 44 of 1997, whereby the learned District Judge has ordered that both driver and owner shall pay Rs. 25,000 each to the applicants by way of interim compensation and the applicants shall be entitled to receive Rs. 50,000 in total.

(2.) APPELLANT No. 1 is the owner of the vehicle and appellant No. 2 is the driver of the vehicle. Respondent Nos. 1 to 3 are the claimants and respondent No. 4 is National Insurance Co. Ltd.

(3.) ACCORDING to opposite party No. 3, National Insurance Co. Ltd., the driver of the vehicle did not hold a valid driving licence at the time of alleged accident and the owner had violated the condition of insurance policy and insurance company is not liable to pay any claim to the applicants and the liability is of the owner of the vehicle. The owner of the tractor had proposed for insurance of the vehicle for agricultural purpose and had obtained policy from the insurance company accordingly and it has contravened the contract and used the vehicle for commercial purpose. The owner of the vehicle operates brickkiln (itta bhathd) and he had used his vehicle at the time of accident for carrying bricks and has violated the condition of policy and the insurance company is not liable to indemnify the award amount of compensation and the liability is of the owner of the vehicle.