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2018 DIGILAW 2237 (HP)

Jagdish Chand v. Rohit Alias Ravi

2018-12-17

SURESHWAR THAKUR

body2018
JUDGMENT Sureshwar Thakur, J. - All the aforesaid appeals are being disposed off, by a common judgment, as they appertain to a common incident, besides common questions of fact, and, law are involved in these appeals. 2. The owner of the offending vehicle, being aggrieved, by the impugned awards, respectively, pronounced, upon, MACT NO. 196/2015, MACT No. 195 of 2015, MACT No. 191 of 2015, and, MACT No. 192 of 2015, whereunder, the liability of compensation amount respectively assessed, vis-a-vis, the respective claimants, hence, stand fastened upon him, hence, casts a challenge, vis-a-vis, the affirmative findings recorded, upon, issues appertaining therewith, issues whereof stand extracted hereinafter:- " 4. Whether the offending vehicle was over loaded with 21 passengers at the time of the accident against its seating capacity? OPR-1 5. Whether the offending vehicle was being driven in violation of the Motor Vehicle Act/rules as alleged? OPR-1" 3. The insured/owner of the offending vehicle, in his endeavour to negate the findings returned, upon, the afore issues, by the learned tribunal, was enjoined to adduce clinching evidence on record, (a) in trite display qua the passengers concerned, while travelling in the ill- fated vehicle, rather being at the relevant time, hence standing carried thereon along with their goods loaded therein. However, pleadings reared in the respective claim petitions, contrarily, make a candid display qua rather the respective claimants, being aboard, the, ill- fated vehicle, for theirs paying obeisance, at, a temple, (b) also in the apt averment, borne in the apposite paragraph 24, of, the respective claim petitions, no averment is borne therein, qua theirs while being aboard, the, offending vehicle, theirs also carrying, their goods therein. The afore averred averments hence constitute, an, admission qua the claimants obviously, at the relevant time, travelling as gratuitous passengers, in the vehicle registered, as a goods carrier, (c) as evident, on a reading of the copy of the registration certificate, issued qua the offending vehicle, and, as embodied in Ex. The afore averred averments hence constitute, an, admission qua the claimants obviously, at the relevant time, travelling as gratuitous passengers, in the vehicle registered, as a goods carrier, (c) as evident, on a reading of the copy of the registration certificate, issued qua the offending vehicle, and, as embodied in Ex. RC, (d) thereupon, when the contract of insurance, respectively borne in Ex.RB, rather permits carrying therein of passengers along with their goods, being also borne therein, (e) thereupon, the afore averred acquiesced capacity of the passengers, constitutes a pervasive, and, deep fundamental breach, of the contract of insurance, executed, inter se, the owner, and, the insurer of the offending vehicle, (f) thereupon, the fastening of the apt indemnificatory liability, upon, the owner of the offending vehicle by the learned tribunal, is both meritworthy, and, tenable. 4. Even though, this Court, has, for reason aforesaid, hence concluded qua the fastening of the apt indemnificatory liability, upon, the owner of the offending vehicle rather not suffering from, any infirmity, nonetheless, in consonance with the verdicts of the Hon''ble Apex Court rendered in case titled as National Insurance Co. Ltd. v. Baljit Kaur reported in , (2004) 2 SCC 1 as also in a case titled as Deedappa v. National Insurance Co. Ltd. reported in , (2008) 1 SCC(Cri) 517, the insurer company shall satisfy the award, and, shall have the right to, in accordance with law, hence recover, the, amount deposited by it, along with interest, from, the owner of the vehicle i.e. appellant(s) herein. 5. For the foregoing reasons, all the aforesaid appeals filed by the owner of the offending vehicle are dismissed. However, the awards impugned before this Court, are, in the aforesaid manner, hence modified. All pending applications also stand disposed of. Records be sent back forthwith.