DHALUMAL LAKHIMAL RAMCHANDANI Vs. VIMAL SHIVARUDRA WAJANTRI

JUDGEMENT

(1.) This appeal, against the order of the Motor Accidents Claims Tribunal-III, Belgaum, dated April 22, 1985, in MVC No 346 of 1982, is by the owner of Tempo No MEI 4488, in respect of the compensation awarded to claimants-wife and children of Shivarudra Wajantri. The said Shivaruda Wajantri was returning from Goa in the said tempo. The tempo dashed against a roadside tree, resulting in the death of Shivarudra Wajantri. The tempo was driven by Ramesh (respondent No 4). Shivarudra Wajantri was working in Basavanni Brothers Band Co on a monthly salary of Rs. 500; he was 36 years old at the time of the accident. He was a "Shehnai" player.

(2.) The Tribunal, after holding that the death was due to rash and negligent driving by Ramesh, has awarded compensation at Rs. 44,000. The liability is fastened on the owner and driver of tempo. The insurance company is absolved of the liability, as the act of carrying passengers in the vehicle was in contravention of rule 161 of the Motor Vehicles Rules and was in breach of the terms and conditions of policy (exhibit D-3). Hence, this appeal by the owner of tempo.

(3.) Mr. Mandagi, appearing for the appellant, urged that the driver was prohibited from taking passengers, and, as such, his act was unlawful and was outside the terms of employment, and, therefore, the accident cannot be treated as having been caused in the course of employment and, as such, the owner is not vicariously liable. He further urged that if the act is treated as lawful and in the course of employment, the insurance company has to indemnify the owner. No arguments are advanced on other matters.