NATIONAL INSURANCE COMPANY LTD Vs. GANGA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the award dated 29. 7. 1999 of M. A. C. T. , Raisinghnagar, deciding the Claim Case No. 136/1997.

(2.) IN an accident which took place on 30. 8. 1997 at 7. 30 a. m. when the jeep No. RJ-13-C-4230 being driven by respondent No. 5 Prem Kumar turned turtle and the same was being driven in rash and negligent manner and as a result of the said accident, one Shri Moti Ram, aged 35 years, died.

(3.) THE defendants including the Insurance Company could not establish on record that the jeep in question was being plied for hire and reward and thus there was any violation of the condition of the Insurance Policy. THE said averment of AW. 1 Dinesh Kumar alone stated above does not establish that on the date of the accident, the said jeep was being plied for hire and reward. As no evidence of any hire charges paid to the jeep owner/driver came on record the Tribunal was justified in holding the Insurance Company liable. As far as issue of valid driving licence is concerned, in view of the Hon'ble Supreme Court decision in Swaran Singh's case (supra), the Insurance Company cannot be absolved of its liability to pay the compensation in question.