SHRIRAM GENERAL INSURANCE CO. LTD. Vs. LAXMI

JUDGEMENT

(1.) Present bunch of Civil Miscellaneous Appeals arise out of award/judgment dtd. 5/5/2017 passed by the Motor Accident Claims Tribunal No. 1, Jodhpur ("Learned Tribunal") deciding two claim petitions i.e. Motor Accident Claims Case No. 30/2012 and Motor Accident Claims Case No. 51/2012. Civil Misc. Appeals No. 2710/2017 and 2707/2017 are preferred on behalf of the Insurance Company challenging the award to the extent of imposing the liability of payment of compensation upon the appellant-Insurance Company. Another Civil Misc. Appeal No. 2889/2017 has been filed by the claimants of Motor Accident Claim Case No. 30/2012 i.e. on behalf of dependents of deceased-Rawal Ram seeking enhancement of the compensation awarded by Learned Tribunal.

(2.) Since facts and grounds for challenge in Civil Misc. Appeal No. 2710/2017 and 2707/2017 are same, said two appeals are being heard and decided jointly.

(3.) Aggrieved by the said award, learned counsel for appellantInsurance Company contended that, admittedly at the time of accident, driver was holding a licence for Light Motor Vehicle, whereas vehicle was being used for commercial purposes as a trolley was attached to the tractor, thereby constituting a clear violation of terms and conditions of the insurance policy.