IMPORTANT POINT
The court established that insurance liability is contingent upon adherence to policy terms, particularly regarding vehicle use and coverage of occupants.

JUDGMENT :

(Nupur Bhati, J.) :

1. The present misc. appeals have been filed by the appellant-Insurance Company, under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the award passed by the learned Judge, Motor Accident Claims Tribunal, Dungarpur, (‘Tribunal’) vide order dated 30.05.2012 in MAC Case No. 279/2009 and 278/2009; 12.04.2016 in MAC Case No. 18/2012 and 19/2012; and 27.04.2012 in MAC Case No. 270/2009, whereby the learned Tribunal has allowed the claim filed by the respondent-claimants and the appellant-Insurance Company has been held liable for the same.

2. The civil misc. appeals, S.B. Civil Misc. Appeal No. 1695/2016, S.B. Civil Misc. Appeal No. 1801/2012, S.B. Civil Misc. Appeal No. 1816/2012, S.B. Civil Misc. Appeal No. 1853/2012 and S.B. Civil Misc. Appeal No. 1694/2016 are being decided by this common order, however, facts of S.B. Civil Misc. Appeal No. 1853/2016 are illustratively taken for consideration.

3. Briefly stated, the facts of the case are that the husband of respondent no.1/claimant, Late Chabbilal was going with Late Sanjay Kumar, Jayantilal and Natwarlal from Dungarpur to Kherwara on 12.04.2009 on a motorcycle bearing number RJ-27- SD-3463, when a tractor coming from Kherwara, bearing number RJ-12-R-1182 collided with the motorcycle near Vagdari Bus Stand at 9:30 p.m. and subsequently, Sanjay Lal and Chabbilal died and respondent no. 1 along with Natwarlal suffered injuries. Thereafter, a claim was filed by the claimants before the learned Tribunal wherein the respondent driver and owner though remained present but did not file their reply.

4. In its reply to the claim petition filed by the respondent claimants in MAC Case No. 279/2009 and 278/2009 along with 12.04.2016 in MAC Case No. 18/2012 and 19/2012, the appellant-Insurance Company submitted that the driver of the motorcycle, i.e. Late Sanjay Kumar was driving the said vehicle, after consuming liquor and also, at the time of accident there were four people sitting on the said vehicle. It was also submitted in the reply to the claim petition that the driver of the tractor-trolley was not having a valid and effective driving license at the time of the accident and therefore, the appellant-Insurance Company cannot be held liable in the case of clear violations of the conditions of the Insurance Policy. It was further submitted in the reply to the claim petition that the offending vehicle, i.e. the tractor-trolley had been insured with the appellant-Insurance Company under a “Farmers’ Package Policy” which strictly limited the use of the insured vehicle to agricultural purposes only, however the offending vehicle at the time of the accident was being used for commercial purposes and therefore, the liability of the appellant-Insurance Company does not arise.

5. In support of the claim petition, the respondent/claimants exhibited 52 documents along with examining 3 witnesses, and the appellant-Insurance Company examined the Assistant Manager, United India Insurance Company, Dungarpur, Mr. K.S. Pandya (NAW1).

6. After hearing the parties, the learned Tribunal framed 4 issues including relief in MAC Case No. 18/2012 and 19/2012, wherein the respondent/claimant no. 1 suffered injuries, the issues thereto are as follows:

7. The learned Tribunal framed 4 issues including relief in MAC Case No. 279/2009 and 278/2009, wherein the husband of respondent/claimant no. 1 died, the issues thereto are as follows:

8. The learned Tribunal framed 4 issues including relief in MAC Case No. 270/2009, wherein the respondent/claimant no. 1 suffered injuries, the issues thereto are as follows:

9. After hearing the parties, the learned Tribunal in MAC Case No. 18/2012 and 19/2012 came to a conclusion that the claimant, Jayantilal had suffered four simple injuries and the claimant, Natwarlal had suffered one grievous and three simple injuries along with 6% permanent disability and awarded Rs. 19,667/- and Rs. 55,694/- respectively, vide judgment and award dated 1