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2011 Supreme(HP) 2128

DEEPAK GUPTA
National Insurance Company – Appellant
Versus
Meena Kumari and others in FAO No. 496 of 2008 – Respondent


Advocates Appeared:
Mr. Ashwani Sharma, Advocate.
Ms. Rita Goswami & Mr. R.R. Rahi, Advocates for respondents-claimants.
Mr. Dibender Ghosh, counsel for respondents- Owners of the Vehicle.

JUDGMENT :

Deepak Gupta, J. These appeals are being disposed of by one judgment since all the appeals arise out of similar awards passed by the learned Motor Accident Claims Tribunal, Kinnaur Division at Rampur Bushehar in Claim Petitions arising out of the same accident.

2. The brief facts of the case are that a Maxi Cab No.HP-02-8971 was going from Tapri towards Chagaon. The same was being driven by Sunder Bhagat who alongwith his brother were the owners of the Maxi Cab. The Maxi Cab went off the road and fell down into a deep gorge. There were a large number of persons travelling in the Maxi Cab, some of whom suffered injuries and some died. Claim petitions were filed by the injured and the legal representatives of the deceased. The Insurance Company contested the claim petitions on various grounds but the two main defences raised by the Insurance Company were that the vehicle was being driven in violation of the terms of the permit inasmuch as the vehicle was a contract carriage but was being used as a stage carriage. It is contended that this violation was a fundamental breach of the permit and hence the Insurance Company could not have been held liable. The other ground urged































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