- (1.) Present appeal has been preferred by the appellant-Insurance Company against the judgment and order dated 26th September, 2006 passed by Motor Accident Claims Tribunal, Pratapgarh in Motor Accident Claims Petition No. 96 of 1996, whereby the compensation of Rs. 1,85,000/- was awarded alongwith interest @ 6% per annum. The brief facts of the case are that on 27th May, 1996, the deceased Mehendi Hasan was coming back to his village in a Tractor Trolley number U.G.T. 5207 alongwith other members of a band party. The accident occurred, when he was taking out his luggage from the Tractor Trolley. After examining the evidence, the Tribunal observed that the driver was not possessing a valid driving license and the Tractor Trolley was used for the purpose of marriage party, which was the violation of the terms and conditions of the insurance policy. However, an award of Rs. 1,85,000/- was awarded in favour of the claimants-respondents and against the Insurance Company but right was given to the Insurance Company to recover this amount from the owner of the Tractor. Not being satisfied, the Insurance Company has filed the present appeal.
(2.) Sri U.P.S. Kushwaha learned Counsel for the appellant-Insurance Company submits that it was a clear cut violation of the terms and conditions of the insurance policy. The Trolley-Tractor was used for carrying the marriage party. So, the Insurance Company is not at all liable to pay any compensation. For this purpose, he relied on the ratio laid down in the following cases: 1. M/s. National Insurance Co. Ltd. v. Baljit Kaur and others, 2004 2 SCC 1 2. National Insurance Company Limited v. Kaushalaya Devi and others, 2008 8 SCC 246 3. United India Insurance Co. Ltd., Shimla v. Tilak Singh and others, 2006 AIR(SC) 1576
(3.) On the other hand, Sri Niranjan Singh Counsel for the claimants-respondents supported the order of the Tribunal and submits that the right of recovery is already given to the appellant-Insurance Company.;