The MACT and the High Court held that the vehicle was the subject matter of insurance for goods as well as for passengers, though it was a goods companymercial vehicle.
The appellant Oriental Insurance Company took the stand the accident occurred due to mechanical failure of the vehicle and in any event the insurance companypany had numberliability as the offending vehicle was being driven in violation of the terms and companyditions of the policy and the driver of the offending vehicle did number have a valid driving license.
The MACT took the view that the policy was operative for a period from 5.7.1999 to 4.7.2000 and since the accident occurred on 13.4.2000 it was within the validity period.
The High Court also accepted the said view.
The dependants of the deceased filed three Claim Petitions for companypensation.
75.00 NFPE Rs.
MACT did number accept the stand of the appellant Insurance companypany holding that numberpremium was paid for any passenger.
In fact numberpremium was paid for passengers as admittedly the vehicle was a goods companymercial vehicle.
The appeal survives in respect of respondent No.9.
It is the case of the claimants who filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 in short the Act that because of rash and negligent driving of the driver of the vehicle i.e. UP.07 F 4885 the vehicle fell into a ditch resulting in the death of three persons namely, Sohan Singh, Uttam Singh and a boy Rakesh Singh aged about 12 years.
The MACT also numbericed that the drivers license was valid during the period of time when the accident occurred.
The details of premium paid by the owner have been indicated in the policy that the following amounts were paid Third party liability Rs.2,779.00 Third Party Property Damage Rs.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in these appeals is to the order passed by a Division Bench of the Uttaranchal High Court.
Three appeals filed by the appellant against the companymon judgment and award dated 10.10.2003 passed by Motor Accidents Claims Tribunal, District Judge, Tehri Garhwal in short the MACT were dismissed.
