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| HC decides six appeals filed by the Insurance Company | | | JAMMU, March 27
Justice JP Singh of J&K High Court Jammu wing in a landmark judgment decided a law point whether accident caused by rash and negligent driving and vehicle was overloaded, the Insurance Company is liable to pay the compensation awarded by the Motor Accident Claim Tribunal (MACT).
The matter was challenged by the Oriental Insurance Company Limited in six petitions challenging the award passed MACT on December 23, 2005 directing the Insurance Company to pay the compensation to the next kith and kin of the deceased persons who died during the accident on June 16, 2000 while traveling in a bus which was driven by one Muzaffar Hussain in rash and negligent manner in which five persons were killed and one seriously injured. MACT allowing the claims had awarded Rs 3, 78, 600, 4, 47, 648/- 4, 02, 600, 2, 52, 940 and 2, 07, 000 which was challenged by the insurance company on various grounds.
During the course of arguments Advocated DS Chouhan appearing for the insurance company argued that the insurance company was not liable to indemnify the owner of the vehicle whose driver had caused the accident resulting in death and injury to those who had been traveling in it. Elaborating his submission, he submitted that the vehicle insured with the company could carry only 42 passengers whereas at the time of accident it had been found carrying much more than the permissible load which according to him contributed to the accident. He further submitted that the vehicle had been driven by the owner against the terms and conditions of the insurance policy thus disentitling the owner to seek indemnifications. Advocates appearing for the kith and kin of the victims M/S Anil Biloria, GS Wazir, Jatinder Singh and Sanjay K Dhar submitted that neither any evidence had been led by the insurance company to prove that the vehicle had been driven in access of its permitted load capacity neither any specific or condition of the insurance policy had been pleaded.
Justice JP Singh, after hearing both the sides, referred section 149 of the MV Act 1988 and observed that in this section the insurance company cannot avoid its liability to pay compensation arising out of the use of motor vehicle for any other violation. This view was laid down by the Apex Court and also by J&K High Court. The plea raised by Advocate Chouhan, was over-loaded and the insurer was not liable to compensate the claimants by indemnifying the owner, is thus rejected. That apart, the appellant had neither pleaded nor proved as to which condition of the insurance policy had been violated in the present case. That being the case, the plea raised by the appellant that the owner had violated the terms of the policy also does not need any consideration. The only plea raised by the appellant in these present appeals to avoid the liability of the insurance, having failed, as such there is no merit in these appeals which are accordingly dismisse
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