NISHA GUPTA, J. - (1.) This appeal has been filed by the Insurance Company against the judgment/award dated 25.7.2007 passed by Additional District Judge, Khetri Distt. Jhunjhunu and MACT in Claims Case No. 8/2004.
(2.) Brief facts of the case relevant for disposal of the appeal are that claimant was travelling in Jeep No.RJ-18-C-1376. The jeep collided with the tree and the claimant sustained injuries. Claim petition has been filed which was allowed by the Tribunal and the appellant Insurance Company has been made liable.
(3.) The contention of the appellant is that the Insurance Company is not liable as the vehicle was used for commercial purposes and it was used for carrying passengers on hire and reward and due to breach of condition policy, the Insurance Company is not liable. Further contention of the appellant is that without any proof the income has been assessed as 3,000/- and for partial disability, 100% amount has been awarded, in spite of the fact that doctor has not been examined and the injured has suffered only 03% disability, the Insurance Company should not be held liable and in alternative, the compensation should be reduced proportionately. Per contra, the contention of the respondents is that there is no infirmity in the impugned judgment. The claimant was not passenger on hire and reward and in the alternative, he has prayed for liberty to the Insurance Company to recover the amount. ;