2011 Supreme(Raj) 2094
MAHESH CHANDRA SHARMA
Oriental Insurance Co. Ltd – Appellant
Versus
Niyamat – Respondent
For the Appellant:Devendra Sharma and Ashok Mehta, Advocates.
For the Respondent:D.S. Jadaun, Advocate.
JUDGMENT
1. - This misc. appeal has been tiled by the appellant insurance company against the award. dated 7.5.2003 passed by learned Judge, Motor Accident Claims Tribunal, Baran (for short the learned Tribunal') in claim petition No. 26/2000.
2. Brief facts of the case are that on 10.2.2000 deceased was travelling in Jeep No. MP-25-9839 along-with carton of eggs to Gugor fair. Due to rash and negligent driving deceased fell from the jeep resulting in death.
3. FIR was lodged regarding this incident. Thereafter, claimants respondents filed claim petition before the learned Tribunal. Notices were issued. Written statement was filed. The issues were framed. Thereafter, the learned tribunal after hearing both the parties passed the impugned award. Hence, this misc. appeal before this Court.
4. Learned counsel for the appellant submits that the learned tribunal has seriously erred in deciding issue Nos. 2, 3, 6 and 9 against the Insurance Co. The vehicle was not adapted for the purposes of carrying passengers and further more the said vehicle was not registered as a public carrier and was not having any permit or authority to drive the vehicle for hire and reward. The insurance policy Ex.
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