VARJU Vs. UNITED INDIA INSSURANCE CO LTD

JUDGEMENT

(1.) All these appeals arise out of accident claim cases which arose on account of a single accident which took place on 10.7.1992. On that date, Padma Ram, Chaina Ram and Hamu Ram were travelling in Jonga jeep No. RSF 8247. being driven by Nimb Singh and it was travelling towards road leading from Banner to Jaisalmer. As a result of the said accident, Padma Ram and Chaina Ram died and Hamu Ram suffered injuries.

(2.) Three claim petitions were filed: one by heirs and dependants of Chaina Ram being M.A.C.T. Case No. 74 of 1992; second by Hamu Ram being M.A.C.T. Case No. 2 of 1993; and third by Chauthi and Pancha Ram, parents of Padma Ram being M.A.C.T. Case No. 82 of 1992 impleading United India Insurance Co. Ltd., Barmer, as the insurer and Nimb Singh and Narpat Singh being the driver and owner of the vehicle respectively. The Motor Accidents Claims Tribunal, Barmer vide its award dated 23.2.1995 finding that the vehicle was being driven rashly and negligently by Nimb Singh, which resulted in death of Padma Ram and Chaina Ram and injury to Hamu Ram; the vehicle was insured with United India Insurance Co. Ltd. is a fact not in dispute; noticed the plea of the insurance company that the vehicle was insured as a private vehicle only, while at the time of accident it was being used as a taxi and the passengers were being carried in for hire and reward and as such there was a breach of the conditions of the insurance policy and, therefore, the insurance company is not liable to pay any compensation.

(3.) The Tribunal in this respect found on the basis of statement of witness produced by the insurance company, who admitted that the insurance cover was issued for covering the third party risks, for which a premium of Rs. 240 was charged and an additional premium of Rs. 15 was charged and that the policy was issued for private and vocational use and, therefore, it cannot be held that the owner of the vehicle was using the vehicle in the breach of the policy conditions. Consequently, awards were made in all three claim petitions making the insurance company liable.