Surinder Gupta, J. - (1.) This is appeal by owner of Jeep bearing registration no. HR-20- F-9743 (later referred to as 'the offending vehicle') challenging award dated 13.04.2006 giving rights to respondent no. 1 i.e. National Insurance Company Ltd. to recover amount of compensation paid to claimants from the appellant.
(2.) On 13.11.2004, Man Singh (later referred to as 'the deceased') was returning to his village in the offending vehicle, which met with an accident resulting in his death. The Tribunal allowed compensation of Rs. 1 lac with interest which at the first instance was payable by insurer, who was allowed right to recover the same from owner of the offending vehicle.
(3.) Learned counsel for the appellant has argued that Tribunal observed that the offending vehicle was being used as taxi for carrying passengers, as such, owner of the offending vehicle has violated terms and conditions of the insurance policy. The above conclusion was drawn from one line in cross-examination of PW-2 Khushi Ram, who has stated that in case driver on reaching the destination had asked for fare, they would have paid the same. From the above statement, conclusion cannot be drawn that the vehicle was being plied by owner as taxi. Had it been so, driver of the vehicle would not have taken any passenger without fare and would not have left the passenger in any doubt about payment of the fare. Even otherwise, it was not the case of insurer in pleading that the offending vehicle was being plied as taxi. In the absence of specific pleading the insurance company cannot escape its liability to indemnify the insured. He has relied on the observation of a coordinate Bench of this Court in case National Insurance Co. Ltd. vs. Smt. Chand Chhabra and others, 2010 160 PunLR 427;