UNITED INDIA INSURANCE COMPANY LIMITED Vs. OM DUTT

JUDGEMENT

(1.) Both these appeals arise out of the impugned judgment and award dtd. 30/6/2017 passed by Motor Accident Claims Tribunal, Bhadra, District Hanumangarh in Motor Accident Claim Case No.46/2015 (48/2015).

(2.) Brief facts as per the claim petition are that on 25/9/2015, deceased Sanjay Kumar was travelling in car No.RJ49-CA-0646 driven by Manoj and owned by Jaideep from Bhadra to Khatushyamji. When they reached Kishangarh (Dhani Charnan), a cow came in front of car and as the car was driven rashly and negligently by its driver, the same could not be controlled and hence, overturned. As a result, the deceased fell out and being run over by the car, died on the spot.

(3.) The Insurance Company has challenged the impugned judgment/award on the ground that the vehicle in question was, at the time of accident, run on hire and the same being a breach of the insurance policy, the insurance company could not have been held liable to indemnify the owner.