SAVITA Vs. REWAT SINGH

JUDGEMENT

(1.) Background facts of the case, succinctly stated, are that on 14th January, 1998, deceased Mahaveer was going from Dausa to Bishanpura in a Jeep bearing Registration No. RJ 26-C-0046. The deceased Mahaveer alighted from the Jeep, but on account of rash and negligent driving, he was ran over with the rear wheels of Jeep and he trampled to death on the spot. Shri Kishan Singh lodged the FIR No. 8/1998 of this accident at Police Station, Sainthal, District Dausa. The police, after completion of investigation, found Rewat Singh, driver of the Jeep guilty of negligent driving and sent him to trial. The dependents of the deceased Mahaveer filed claim petition before the Motor Accident Claims Tribunal, Dausa, where an award of Rs. 3,20,600/- was passed in favour of the claimants and against the driver and owner of the offending Jeep and the Insurance Company.

(2.) Heard learned counsel for the parties and carefully perused the relevant material on record.

(3.) Learned counsel for the Insurance Company took me through the cover note and contended that the deceased was having licence to drive Light Motor Vehicle (Tractor) only, whereas at the time of accident, the deceased was driving the Jeep. Thus, the driver of the offending vehicle was not having a valid and effective driving licence to drive the Jeep. He further canvassed that the offending vehicle (Jeep) was being run on hire and reward basis, whereas the Jeep in question was insured as a private vehicle. This fact stands strengthened by the statement of witnesses recorded by the police under Section 161 CrPC. Thus, the driver of the offending vehicle committed a breach of the Insurance Policy, hence, in view of above, the appeal filed by the Insurance Company be allowed, the Insurance Company be absolved from its liability to pay the quantum of compensation and the impugned award be modified accordingly.