- (1.) Challenge in this appeal is to the order dated 1st April, 2011 whereby the Motor Accident Claims Tribunal, Jhunjhunu, passed an interim award of Rs.50,000/- in favour of the claimants and against the appellant as also non-claimant-respondents No.4 to 6.
(2.) Having heard the learned counsel for the appellant and carefully perused the relevant material on record, it is revealed that on 26th April, 2009, the members of one marriage party were going by a Pick-up bearing registration No.RJ-18-G-2194 from Siriyasar Khurd. The Pick-up was being driven by its driver Rajendra Singh. It is alleged that the driver, Rajendra Singh drove the Pick-up, rashly and negligently and he took a sharp turn near the School of village Siriyasar at a fast speed, as a result of which the vehicle capsized and the passengers sitting inside sustained simple and grievous injuries. It is also alleged that one Jitendra @ Jeetu died on the spot and another injured Mukesh expired on the way to S.M.S. Hospital on 27th April, 2009.
(3.) Learned counsel for the appellant canvassed that the Insurance Co. was not liable to pay the amount of interim compensation to the claimants for the simple reason that the pick-up being goods vehicle was not insured for carrying passengers for hire or reward. Since the owner of the vehicle has committed a breach of the conditions of Insurance policy, the Tribunal ought not to have fastened the liability on the Insurance Co. even to pay the amount of 'interim compensation'. Hence, the order with regard to the payment of 'interim compensation' is arbitrary and contrary to the provisions of law and thus, the same deserves to be set aside.;