SHIKHA INDIA ASSURANCE CO LTD Vs. SHIKHA BHAUMIK

JUDGEMENT

(1.) All these misc. appeals filed by insurance company have been filed against the same award dated 11.3.1998 passed by Motor Accidents Claims Tribunal, Beawar, District Ajmer whereby the Tribunal has awarded amounts as under: <FRM>JUDGEMENT_1605_ACJ_2002Html1.htm</FRM>

(2.) The injured and the deceased persons were travelling in the jeep No. RJ 01-2148 on 1.10.1995 when the jeep met with accident due to which Devdutt Dhorai, Viman Majoomdar, Vishvajeet and Nirmal Mandhi sustained injuries and Mirnal Kanti Bhaumik and Abhayjit Hajra had died. All these persons filed claim applications. As the claim applications were filed regarding an accident, therefore, the Claims Tribunal consolidated all the claim applications. It was stated in claim applications that the accident was caused because of rash and negligent driving of the driver of the jeep.

(3.) The required issues were framed in regard to negligence of the driver and entitlement of compensation to parties. On the issue of negligence the Tribunal had held that the jeep was being driven negligently. The Tribunal has also held that the driver was possessing a valid licence. On the issue Nos. 4 and 5 the insurance company submitted that the passengers had hired the jeep, therefore, there is violation of statutory condition as mentioned in section 149 of Motor Vehicles Act. In view of the decision in case of National Insurance Co. Ltd. v. Shanta Devi, 1996 DNJ (Raj) 663, the Tribunal held that the passengers travelling in the vehicle are to be treated as third party and, therefore, the insurance company was liable to pay compensation.