IMPORTANT POINT
Insurance companies cannot evade liability for compensation due to policy breaches if the vehicle was not used for hire and the driver was licensed.

JUDGMENT :

1. These appeals have been preferred by the appellant/non-claimant insurance company and claimants under Section 173 of the M.V. Act, 1988 assailing the judgment and award dated 25.11.2014 passed by learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali in MAC Cases Nos.154/2011, 155/2011, 156/2011, 157/2011 and 60/2012, whereby the learned Tribunal has partly allowed 4 claim petitions filed by respective claimants and awarded compensation in favour of respective claimants. The liability to satisfy the award was fastened upon all the non-claimants jointly and severally. The learned Tribunal, however, rejected the MAC Case No.60/2012, preferred by claimants Dhaglaram and Maya Devi claiming compensation on account of death of their daughter deceased Guddi @ Kirti.

2. All these nine appeals, arising out of same accident, are being decided by this common judgment, however, the facts illustratively taken of CMA No.452/2015 : United India Insurance Co. Ltd. v. Prahlad & Ors.

3. Briefly stated, the facts of the case are that the claimants filed claim petitions under Section 166 of the M.V. Act, 1988 claiming compensation on account of death of Sh. Sanjay Kumar, Kirti and Richa and the injuries suffered by the injured claimants. In the claim petitions, it was inter-alia stated by the claimants that on 11.05.2011, the claimants boarded in vehicle Tavera bearing registration number RJ-36-UA-0646 for attending Baran from Babra to Jodhpur. The aforesaid vehicle was being plied by Dinesh Sankhla, non-claimant No.1/driver rashly and negligently. In the evening at about 07:00 pm, near Bilara, the aforesaid vehicle collided with Indica Car, as a result of which, the occupants of Tavera vehicle viz. Sanjay Kumar, Kirti, Richa died and Sangeeta sustained grievous injuries. The vehicle was owned by non-claimant No.2 Sohanlal and the same was insured with non-claimant No.3 United India Insurance Co. Ltd. at the time of accident.

4. The claim petition was contested by the non-claimants No.1 and 2 by filing their reply while denying the contents of the claim petitions and it was stated that the accident occurred due to rash and negligent driving of driver of Indica Car.

5. The non-claimant No.3 United India Insurance Co. Ltd. filed its reply to the claim petitions stating therein that the accident occurred due to rash and negligent driving of driver of Indica Car bearing registration number RJ-36-CA-2165. The involvement of the offending vehicle i.e. Tavera vehicle was denied, however, the fact that the vehicle was insured with it, was admitted. It was, however, stated that there was breach of policy conditions, inasmuch as the private vehicle was being used for transportation and the passengers travelling in the said vehicle were much beyond the sitting capacity. Thus, by filing the reply to the claim petitions, it was prayed that the insurance company was not liable to pay the compensation.

6. The learned Tribunal, on the basis of pleadings of the parties, framed issues in all five claim petitions. In support of their claim petitions, the claimants examined AW.1 Ghanshyam, AW.2 Prakash Chand, AW.3 Prahlad, AW.4 Sangeeta, AW.5 Dhaglaram and AW.6 Bakhtaram. The claimants exhibited 185 documents and in rebuttal evidence, statements of AW.3 Prahlad and AW.7 Dilipraj were recorded. On behalf of non-claimants, NAW.1 Ranchhod Chauhan, NAW.2 Vijay Kumar Gaur, NAW.3 Sohanlal, NAW.4 Dinesh Kumar were examined and the non-claimant insurance company exhibited Ex.A/1- insurance policy, report of the investigator as Ex.A/2 and copy statement of Prahlad as Ex.A/3.

7. The learned Tribunal thereafter heard final arguments of the parties and after considering the evidence produced before it, vide judgment and award impugned dated 25.11.2014 proceeded to partly allow the claim petitions filed by respective claimants and awarded compensation while fastening the liability upon all the non-claimants along with interest @9% p.a. from the date of fil