RAJU MEGU RATHOD Vs. BHARAT APPURAO PATIL

JUDGEMENT

(1.) THE Mini Truck (goods vehicle) bearing registration No. MH-13/b-954 insured with the New India Assurance company Ltd. , collided with a mini goods truck bearing Regn. No. MH-13/b-3995 insured with United India Insurance Company ltd. As a result of the accident, four of the inmates of the Truck bearing No. MH-13/b-954 sustained personal injuries and one inmate died. The Tribunal held that the drivers of both the vehicles are equally negligent and apportioned the negligence at 50% each. The owners of the vehicle were directed to pay the compensation. The insurers' of both the vehicles are exonerated of the liability. The claimants are in appeal seeking enhancement of compensation and for an award against the insurers.

(2.) THE vehicle No. MH-13/b-954 is a goods vehicle. The claimants have pleaded in the petition that they were travelling in MH-13/b-954 as coolies. The evidence discloses that the claimants were travelling as passengers in the goods vehicle. In view of the evidence, the Tribunal found that the insurer is not liable to pay compensation for a passengers in the goods vehicle.

(3.) IN respect of goods vehicle MH-13/b-3995, the Tribunal finds that the policy of insurance issued at Ex. R-1 is validly cancelled, and that the accident has occurred subsequent to the cancellation of the policy. The insurer had written letter to the owner of the vehicle intimating the cancellation of the policy as per rule 10 of the Motor Vehicles Third Party insurance Rules, 1946. The copy of the letter of cancellation is also sent to RTO, Pune for proper action in the matter.