THE ORIENTAL INSURANCE COMPANY LTD Vs. JAI SINGH

JUDGEMENT

(1.) THESE appeals are directed against the judgment and award dt. 27.07.2013 passed by the Motor Accident Claims Tribunal, Bhadra, District Hanumangarh ('the Tribunal'), whereby, the Tribunal for the death of one Kalu Ram and injury to one Jai Singh has awarded compensation of Rs. 6,55,300/ - and Rs. 1,25,000/ - respectively. It is submitted by learned counsel for the appellant that the vehicle in question was being plied beyond the permit granted to the said vehicle and on account of violation of the permit conditions, the appellant Insurance Company cannot be held liable. It was also submitted that deceased Kalu Ram had contributed to the accident and, therefore, the award should have been passed taking into consideration his contributory negligence.

(2.) I have considered the arguments raised by learned counsel for the appellant and have perused the award.

(3.) BESIDES the above, this Court in the case of R.K. College v. Ramesh Chand, : RLW 2007 (3) Raj. 2046 has held that violation of permit conditions i.e. plying the vehicle beyond the area prescribed in the permit does not violate the policy condition, while interpreting provisions of Section 149 of the Motor Vehicles Act, 1988.