UNITED INDIA INSURANCE COMPANY LIMITED Vs. MOOLCHAND

JUDGEMENT

(1.) This appeal is directed against judgment and award dated 19.03.2019 passed by Motor Accident Claims Tribunal, Rajgarh, Churu, whereby, the Tribunal has awarded a sum of Rs. 9,92,000/- as compensation alongwith interst @ 7.5% from the date of application.

(2.) The application for compensation was filed by parents, brother and wife of one Vijay Singh inter-alia with the averments that Vijay Singh alongwith few others was travelling in Bolero RJ-08-U-0164 and when they were near Taranagar at about 4:30 PM, driver of the vehicle, who was driving the same rashly and negligently, turned the vehicle turtle, resulting in grievous injuries to Vijay Singh, to which he succumbed. Compensation to the tune of Rs.71,38,000/- was claimed.

(3.) The application for compensation was contested by the Insurance Company with the submissions that the vehicle was being used for carrying passengers for hire and reward, the driver was not in possession of valid driving license and, therefore, the Insurance Company was not liable.