P.K. Jaiswal, J. - (1.)This appeal is filed by the owner of the vehicle against the award dated 19th Nov., 1999 passed by Additional Motor Accident Claims Tribunal, Gohad, District Bhind in Claim Case No. 3/ 96, by which learned Tribunal exonerated the Insurance Company from payment of compensation.
(2.)Other findings pertaining to rash and negligent driving of the vehicle is not under challenge.
(3.)The Tribunal by the impugned award awarded a sum of Rs. 60,000/ - towards compensation to the respondent No. 1. The respondent No. 1 partly aggrieved by the award and filed cross-objection for enhancement of compensation. The respondent No. 1-claimant in his pleading very specifically stated that on 22th July, 1995, he was travelling in the offending jeep bearing Registration No. CPK-8476, owned by the appellant. AW-1 Laxminarayan in para 8 of his statement very specifically stated that he was travelling in an offending vehicle owned by the Electricity Board. He further admits that he is not working in the Electricity Board nor he is in relation with the jeep driver. He further deposed that he was sitting alongwith other passengers and jeep driver permitting the passengers to sit in the jeep. The insurance policy is Ext. A/1. As per the policy, premium of Rs. 239.00 only towards third party risk is paid. In view of the above evidence, the Tribunal has held that risk of the respondent No. 1 is not covered and, there is no policy in respect of the passengers travelling in the jeep and, therefore, Insurance Company is not liable to indemnify the award and exonerated the Insurance Company from payment of on compensation.