ORIENTAL INSURANCE CO. LTD. Vs. DESHRAJ AND OTHERS

JUDGEMENT

(1.) All the above-said Civil Misc. Appeals filed by the Oriental Insurance Co. Ltd. are directed against the common Award of the Motor Accident Claims Tribunal, Sikar, (hereinafter referred to as MACT), wherein different amounts have been awarded, i.e., in Civil Misc. Appeal No. 692/97 Rs. 50,000.00 has been awarded, in Civil Misc. Appeal No. 693/97 Rs. 1,32,000.00 has been awarded, in Civil Misc. Appeal No. 694/97 Rs. 2,01,000.00 has been awarded, in Civil Misc. Appeal No. 695/97 Rs. 52,500.00 has been awarded, in Civil Misc. Appeal No. 696/97 Rs. 2,42,000.00 has been awarded, in Civil Misc. Appeal No. 697/97 Rs. 2,15,000.00 has been awarded, in Civil Misc. Appeal No. 698/97 Rs. 1,37,000.00 has been awarded, in Civil Misc. Appeal No. 699/97 Rs. 50,000.00 has been awarded, because of the injuries and deaths caused on account of the accident between the Jeep No. RJ-23-T- 0005 and a Matador No. DL-5C-4780 on 7th Nov., 1992 near village Gumana Ka Bas, Nawalgarh, Sikar Road. The owner of the Jeep put Ik blame of accident on the matador whereas the Matador driver put the blame In the Jeep. The Tribunal found the contributory negligence of both the vehicles.

(2.) The Insurance Company in regard to the Matador has come up in the present appeals only on the ground that the company is not liable for the reason jiat the said Matador was being used as a taxi at the relevant time on hire and payment basis and thus, because of the violation of the conditions of insurance policy, the liability even though 50% put on the present appellant company is illegal.

(3.) I have gone through the award of the MACT. No such issue was claimed before the MACT in either of the claim application and, therefore, there is no such discussion by the MACT on this point.