HDFC AGRO GENERAL INS. CO. LTD. Vs. RAJBALA

JUDGEMENT

(1.) These appeals have been preferred by the Appellant- insurance company under Sec. 173 of the Motor vehicle act, 1988 (hereinafter referred to as 'the Act'), against the Judgment and award dtd. 2/3/2017 passed by MACT, Parbatsar, District Nagaur, whereby compensation has been awarded to the claimants and the appellant has been directed to pay the compensation at the first instance and thereafter to recover the same from the owner & driver of the vehicle. The instant appeal has been filed by the appellant seeking the relief that the Judgment and award dtd. 2/3/2017 be quashed and set aside qua the appellant.

(2.) Briefly stated, the facts of the case are that on 5/5/2011 the claimants - Girdhari, Dayal, Sunita, Rajbala and Surendra were traveling from Chitawa to Adaksar in a Jeep- RJ23 UA 0302 (hereinafter referred to as "the vehicle"). The Driver of the Jeep Jagdeesh Prasad was driving the said vehicle rashly, negligently and at high speed. As a result the vehicle turtled and Girdhari, Dayal, Sunita and Rajbala got grievously injured and Surendra died. Subsequently, separate claim petitions were filed before MACT, Parbatsar (hereinafter referred to as "the tribunal") by the claimants which were tagged together as they related to the same accident. It was alleged by the claimants before the learned tribunal that the vehicle was insured with the Appellant herein and therefore it is jointly and severally liable along with owner and driver of the vehicle to pay the compensation to the claimants.

(3.) It was contended by the appellant herein before the learned tribunal that the said vehicle was insured under 'Act only policy'(Policy No. 2319200008570100002), according to which the insurance company has no liability towards the occupants of the said vehicle. And also no premium was charged by the insurance company to cover the risk of the occupants. Further the appellant herein alleged before the learned tribunal that the driver of the vehicle was not carrying any valid and effective driving license at the time of the accident. Hence, on these grounds the appellant herein pleaded before the learned tribunal that it had no liability to pay the compensation to claimants.