NEW INDIA ASSURANCE CO LTD Vs. BADAM

JUDGEMENT

(1.) THE appeal Nos. 449/99, 452/99 and 453/99 have been preferred by the New India Assurance Company Limited against the award dated 27. 9. 1997 passed by the Motor Accident Claims Tribunal, Bundi in MACT Case No. 133/89, in MACT Case No. 129/89 and in MACT No. 110/89 decided by the common order.

(2.) ABOUT 15 persons were travelling in a Matador No. RNG 1444 on 22. 5. 1989. The Matador over-turned resulting death of four persons and injuries to number of other such travellers. Claim applications were filed by different claimants which were consolidated and decided by one common order. In the written statement filed by the insurance company, it was pleaded that the Matador was insured as a commercial vehicle for carrying the goods whereas at the time of accident it was carrying passengers and there was a breach of condition of policy. Another defence being taken by the insurance company was to the effect that the driver of the vehicle had no valid license. Afore-mentioned appeals have been filed by the insurance company only on ground that the claimants being passengers were not liable to be compensated by the company for breach of conditions of insurance policy. The Tribunal on the evidence had found that the deceased persons must have been travelling in the Matador as labourers and not as passengers for hire and reward and, therefore, had held that the insurance company was liable. For the limited question being raised by the insurance company, in the present appeals, there is hardly any necessity to narrate the facts which have been incorporated in the award itself in regard to occurrence of the accident.

(3.) IN the appeal Nos. 245/98, 775/99 and 49/98 respondents had appeared and put in their appearance and arguments were heard.