NATIONAL INSURANCE CO. LTD. Vs. JAGANNATH

JUDGEMENT

(1.) Appellant has filed this appeal, challenging the award dated 20.12.1995 passed by the Tribunal, whereby, appellant was directed to indemnify the insured.

(2.) Learned counsel for the appellant has submitted that the injured respondent No.1 was travelling in a trolley attached to a tractor after paying the necessary fare. Tractor-trolley in question had been insured with the appellant but the same could have been used for commercial purposes and could not be used for carrying passengers. In these circumstances, the insurance company was liable to be absolved of its liability to indemnify the insured in view of the decision of the Hon'ble Supreme court in New India Assurance Company Limited v. Asha Rani & Ors, (2003) ACJ 1 : (AIR 2003 SC 607), wherein, it has been held as under:-

(3.) None has appeared on behalf of the respondents despite service.