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Judgment
Hon''ble Dr. Justice Vineet Kothari
The present appeals are directed against the common award dtd.16.12.2011 passed by the learned Judge, Motor Accidents Claim Tribunal, Dungarpur whereby the learned Tribunal has awarded different compensation to different claimants in the aforesaid four appeals. On 6.12.2007, Durga, Mukesh, Urmila and Marti were going to Gujarat for labour work in Tata Sumo No. RJ12/UA-283. When they reached near Dediyasan village, the said vehicle being driven by the respondent No. 1 rashly and negligently hit a tree standing on the side of the road, due to which Durga, Mukesh, Urmila and Margi received injuries and died on the spot.
The learned Tribunal has awarded different sum to the different claimants in different four claim petitions.
The learned counsel for the appellant has not challenged the quantum. The only contention raised on behalf of the appellant Insurance Company is the change of use of vehicle in question from taxi to utility vehicle and such change of use was not informed to the appellant Insurance Company according to the terms of the contract and therefore, the Insurance Company is not liable to pay compensation in question.
The learned Tribunal in para 23 of the award has found that at the time of accident, the said vehicle in question even though insured as taxi was not being used for private purposes and therefore, even if it is taken to have been changed to utility vehicle, there is no violation of condition of insurance policy and therefore, the Insurance Company cannot be exonerated. As a result of said accident 4 young children of different age between 12 to 16 yeas died and the learned Tribunal has awarded compensation in the range around Rs. 2,25,000/-.
Having heard the learned Counsel, this Court is of the opinion that the reasons assigned by the learned Tribunal in the impugned award is just and proper and there cannot be said to be any violation of insurance policy merely because of change of use of motor vehicle from taxi to utility vehicle. No evidence was produced before the learned Tribunal to establish that no higher premium was charged for change of such utility vehicle and therefore, even if it is assumed for argument sake that condition of permit as tax was violated, the same cannot result in exoneration of the appellant Insurance Company. The learned Tribunal was, therefore, justified in holding the appellant - Insurance Company liable to reimburse the awarded sum and the awarded sum also appears to be just, proper and reasonable. Therefore, this Court is not inclined to interfere with the impugned award in any manner. Consequently, the present appeal of Insurance Company are found to be devoid of merit and the same are accordingly dismissed. No order as to costs. A copy of this order be sent to the learned Tribunal as well as opposite party forthwith.