Mahesh Bhagwati, J. - (1.) - Challenge in this appeal is to the judgment and award dated 24th August, 1999 rendered by the Motor Accident Claims Tribunal, Karauli, whereby the learned Tribunal decreed an amount of Rs. 1,35,000/- in favour of the claimants-respondents and against the appellant.
(2.) Background facts in nut shell are thus : "That on 13th April, 1997, Balram was going from Ujjain to his village Karauli by Jeep No. RJ 25/C 0603 driven by one Happu driver. The jeep started from Ujjain at 2.30 PM. It is alleged that the driver drove the jeep rashly and negligently at a fast speed, as a result of which Balram fell down from the jeep near Jagarpura and sustained injuries on his head and stomach. He was immediately taken to hospital of Kota, where he succumbed to injuries during treatment. The appellant-respondent denied the negligent driving of jeep driver and stated that the deceased Balram was sitting inside the jeep safe. Neither the jeep met with any accident nor it overturned. The fact is that the deceased Balram was addicted to 'Opium' and 'Bhang' and under the intoxication of these drugs, he jumped from the jeep, resulting into his death. Thus, the Insurance Company was not liable for the act of Balram."
(3.) Heard the learned counsel for the appellant as also the learned counsel for the respondents and perused the relevant material including the impugned award.;