ORIENTAL INSURANCE CO LTD Vs. SHAKUNTLA

JUDGEMENT

(1.) THIS appeal has been filed by the insurer, against the award of motor Accidents Claims Tribunal No. 1, sri Ganganagar, Camp Sri Karanpur dated 22. 2. 97, passing an award of Rs. 2,21,500 along with 12 per cent interest and further directing that if the amount is not paid within one month, the principal amount shall carry interest at the rate of 18 per cent.

(2.) NECESSARY facts according to the claim are that on 20. 6. 1992, the deceased onkar Dutt was driving the jeep in question, wherein he was carrying ice, as the jeep was hired for carrying ice. When the jeep reached near Chak 10w left rear tyre got burst, with the result that jeep dashed against a tree and overturned. Again with the result that the deceased was crushed between the seat and steering and died in the hospital. The deceased was said to be 38 years of age. The owner submitted his reply pleading that the deceased was working as his employee at a salary of Rs. 1,200 per month apart from liveries and food and was working as driver. He pleaded ignorance about the accident and also pleaded that the accident did not occur on account of any negligence of the driver, but was on account of tyre burst and, therefore, the claimants are not entitled to claim any compensation from him. The insurance company also filed reply on 5. 10. 1993, pleading ignorance about the accident and denying the salary of the deceased. In additional pleas it was pleaded that the insured had committed breach of policy conditions and that at the time of accident deceased was not having a valid driving licence. It was also pleaded that the jeep was got insured for private purpose but at the time of accident it was being used for commercial purpose, therefore, insurance company is not liable for any compensation.

(3.) THE learned Tribunal framed five issues. Issue No. 1 related to happening of the accident and issue No. 2 related to the income of the deceased. Then issue No. 3 comprehended question of quantum, then issue No. 4 was about the question as to whether the insured had committed breach of policy conditions and issue No. 5 was about the deceased having valid driving licence.