KISHAN SINGH Vs. SMT. SHAKUNTALA AND OTHERS

JUDGEMENT

(1.) This appeal has been field by the claimants being aggrieved by award dated 01/08/2005 passed by the Motor Accidents Claims Tribunal, Bhind in Claim Case No.12/05 (Shakuntala Devi and Others Vs. Puran Goyal and Others) challenging the award on the ground that the Tribunal has wrongly exonerated the Insurance Company from payment of compensation.

(2.) It is submitted by the learned counsel for the appellant that Claims Tribunal has exonerated the Insurance Company on the ground that the insured vehicle namely M.P. 0-30G0108 was being driven in violation of the conditions of the Insurance policy and, therefore, Insurance Company is not liable to pay any compensation. It is further submitted that the Claims Tribunal has held that the offending vehicle was going towards Bhind and was carrying passengers in the vehicle which was not meant for carrying the passengers and, therefore, the Insurance Company has been exonerated.

(3.) The Claims Tribunal has relied on the evidence of Narendra examined by non-applicant No.3. This witness Narendra was working as Branch Manager of the New India Insurance Company and admitted that vehicle was insured with effect from 01.08.2002 to 31.07.2003 in the name of Kishan Singh Bhadoria. The policy authorized two drivers, one cleaner and two non paying passengers to travel without any fare. Since the vehicle was meant for commercial use, therefore, representative of the goods was entitled to travel in the vehicle along with goods. Learned Claims Tribunal observed that Umesh Kumar Sharma in claim case No.11/05 though depicted himself to be a cleaner but in his Police statements Exhibit D-1, he had informed himself to be a gratuitous passenger who was coming back from the place of his aunt. The Tribunal has held that since several people were sitting in the metadoor, therefore, there was violation of the conditions of the policy and thus, the Insurance Company is not liable to pay any compensation.