UNITED INDIA INSURANCE CO LTD Vs. KALAWATHI

JUDGEMENT

(1.) One Parimal alias Anand, one of the inmates of the jeep belonging to respondent No. 3, met with an accident. The mother and brother of the deceased had filed petition seeking compensation. The Claims Tribunal awarded the compensation and directed the insurer to pay the compensation. The insurer is in appeal on the ground that the jeep is a private vehicle hired for reward in violation of the terms of the policy. Hence, the insurer is not liable to pay the compensation.

(2.) The facts disclose that deceased and other students of agricultural university were travelling in the jeep for the purpose of project work. In the course of the journey, the jeep hit the stationary tractor and as a result the son of petitioner No. 3 died.

(3.) The petitioner makes an averment to the effect that the deceased and others were travelling in the jeep for the purpose of project work. There is no express averment that the jeep was taken on hire for the purpose of journey. The evidence of PW 1 also does not disclose that the jeep was hired by the deceased and other students for the journey. The insurer has contended that the jeep was taken on hire basis. But there is no evidence adduced to that effect. The policy is a Comprehensive Policy, which covers the risk of inmates.