NATIONAL INSURANCE CO LTD Vs. KESHRIMAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) AS per the facts of these cases the passengers were travelling in Bus No. RRY 3435 on 7th Feb. , 1993 and this bus was driven by non-applicant No. 3, Om Prakash rashly and negligently and the bus turned resulting into the death of passengers Shripal and Kalia whereas Nathi, Devli, Paru, Kanhaiyalal, Kesari Mal and Magna were injured. The bus was owned by non-applicant No. 1 Smt. Pushpa Devi. This bus was insured with non-applicant No. 2, Insurance Company who is appellant in all these appeals.

(3.) LEARNED counsel for the appellant vehemently submitted that in this case the driver and owner specifically admitted by adopting the reply filed by the appellant before the claims tribunal regarding violations of the condition of the policy and violation of the statutory requirements. The non-claimant No. 1, Smt. Pushpa is the owner of the vehicle at the time of accident. The tribunal recorded in the order sheet itself that non-claimant No. 1 and 3 adopted the reply filed by the non-applicant No. 2, appellant-Insurance Company and when the defence taken by the appellant Insurance Company was accepted by the owner and driver of the vehicle. There was no reason for the appellant to produce any evidence and appellant can rely on the admission of the owner and the driver of the vehicle. According to the learned counsel for the appellant the issue No. 3 was also framed on the basis of the pleas taken by the appellant-Insurance Company and when there is admission of violation of condition of the policy of statutory provision then the Insurance Company is not liable to make payment of the claims.