- (1.) This appeal has been filed by the Insurance Company being aggrieved by the award of MACT, Bhilwara dated 14.07.1998 deciding the Claim Case No. 199/1993 Mst. Garol Bai and Ors. v. Ved Prakash and Ors. in accident which took place on 11.8.1991 when the deceased Suresh was travelling in a jeep No. R.J. 26/C-67 met with an accident when the said jeep turned turtle on account of rash and negligent driving by the driver of the said jeep and died.
(2.) The learned Tribunal after discussing the evidence has awarded compensation of Rs. 72,0Q0/- in favour of the claimant for the said death.
(3.) Learned Counsel for the appellant-insurance Company Mr. R.K. Mehta has urged that the policy in question was "ACT ONLY POLICY" for private vehicle namely the jeep and, therefore, since admittedly the deceased passenger was travelling by paying hire charges to the owner of the said jeep, the insurance company would not be liable to pay the compensation as there was a violation of the condition of the policy and such a private vehicle could not be plied on a hire and reward. He submitted that the witnesses, who have come on behalf of the claimants before the learned Tribunal have themselves admitted that they were travelling in the said jeep by paying hire charges.;