- (1.) Leave granted. National Insurance Company Ltd. (in short, "Insurance Company") is before us against the judgment and Order passed by the High Court of Himachal Pradesh at Shimla in four First Appeals, two preferred by the Insurance Company and two preferred by the claimants, which were heard together and disposed of by the common impugned Order dated 28.07.2005. According to Appellant - Insurance Company, no liability could have been fastened on it as admittedly, on the date of the accident on 12.11.1996, a barat was being carried in Tata mini open truck, bearing registration number HPK 9276. It is unfortunate that in the said accident, four persons including the owner-cum-driver of the mini truck had lost their lives.
(2.) Since four persons had died, obviously, four claim petitions came to be filed before Motor Accident Claims Tribunal-II, Kangra at Dharamshala (in short, "Claims Tribunal"). On the strength of the pleadings of the parties, the Claims Tribunal framed Issue No. 4, which is relevant for deciding the aforesaid appeals as mentioned hereinbelow: Whether the vehicle involved in accident was being driven in contravention of the terms and conditions of the Insurance Policy at the relevant time, if so, its effect
(3.) The Appellant - Insurance Company submitted the policy No. 31/21/95/948 before the Claims Tribunal, marked as Exhibit R-1, but did not lead any oral evidence with respect to this issue. However, it was not disputed that the said policy pertained to the aforesaid Tata mini open truck and was in force at the relevant point of time. For our perusal, a copy thereof has been submitted before us once again. We have gone through it critically. It was insured as Goods Carrying Vehicle only. The terms and conditions of the policy categorically say that the policy would not cover the following contingencies: i) Use for organised racing pace making reliability trial or speed testing; ii) Use whilst drawing a trailer except the towing (other than for reward) of any one disabled mechanically propelled vehicles. iii) Use for carrying passengers in the vehicle except employees (other than the driver) not exceeding six (6) in number coming under the purview of Workman's Compensation Act, 1923.;