The onus is on the insurance company to prove any breach of policy conditions in motor accident claims, as per Section 149(2) of the Motor Vehicles Act, 1988.

Rakesh Kumar Garg, J.

1. National Insurance Co. Ltd., i.e., the appellant, has filed this appeal against the award dated 29.7.2008 passed by the Motor Accidents Claims Tribunal, Kurukshetra, whereby the claimants have been awarded a sum of Rs. 4,53,000 along with interest at the rate of 7.5 per cent per annum from the date of filing of claim petition till realization of the amount awarded. It was further ordered that the liability to pay the amount of compensation shall be joint and several of owner and driver of truck in question with appellant insurance company.

2. The facts of the case are that one Satish Kumar who was driving the motor cycle bearing No. HR 03-F 9636 met with an accident with a truck bearing No. HR 58-4515. Satish Kumar sustained multiple serious and grievous injuries on his head and later on died in the hospital because of injuries caused to him in the said accident.

3. The claim petition filed by the claimants was contested by respondent Nos. 5 and 6 (i.e., owner and driver of truck No. HR 58-4515) stating that no accident had taken place with the truck. They also took the plea that the said truck was insured with the appellant and in case any compensation is to be paid, the same is to be paid by the appellant.

4. The appellant insurance company took the stand that the truck was being plied in contravention of the policy and claimants are stopped from filing the claim petition. On merits, appellant took similar pleas that no accident had taken place with the aforesaid truck. On these pleadings the following issues were framed by learned Tribunal:

"(1) Whether the accident in question resulting in the death of Satish Kumar took place on 31.12.2006 was because of rash and negligent driving of Sharwan Kumar, respondent No. 1, while driving truck No. HR 58-4515, if so, its effect? OPP

(2) If issue No. 1 is proved in affirmative, whether claimants are entitled to receive any compensation, if so, what amount and from whom? OPP

(3) Whether the petition is not maintainable in the present form? OPR

(4) Whether the petition is bad for misjoinder and non-joinder of necessary parties? OPR

(5) Whether claimants have no locus standi to file the claim application? OPR

(6) Whether truck in question was being driven in violation of terms and conditions of the insurance policy, if so, its effect? OPR

(7) Relief."

5. Vide impugned award, the Tribunal held that claimants are entitled to receive Rs. 9,06,000 as compensation on account of death of Satish Kumar. However, the Tribunal further held that deceased Satish Kumar as well as Sharwan Kumar, driver of the offending truck were equally rash and negligent and both contributed equally to the cause of accident. Thus, it was held that the claimants are entitled to receive Rs. 4,53,000 as compensation on account of death of Satish Kumar. The liability to pay the said amount of compensation was held to be joint and several with appellant.

6. In the present appeal, the insurance company has challenged the impugned award mainly on the ground that Tribunal has erred at law while holding the insurance company liable for payment of compensation to the claimants as it has been proved on record that the truck in question was being driven without obtaining any route permit and as per section 66 of the Motor Vehicles Act, 1988, no owner of any transport vehicle is permitted to ply the same in any public place, without permit granted by the prescribed authority and, therefore, allowing the offending truck without any permit, the insured violated the terms and conditions of the insurance policy and as such, the appellant insurance company has no liability to pay the amount of compensation to the claimant. In support of his argument learned counsel for the appellant has placed reliance upon a judgment of the Supreme Court in the case of National Insurance Co. Ltd. v. Challa Bharathamma, 2004 ACJ 2094 (SC).

7. I have heard learned counsel for the appellant and perused the record. How