RAJU S/O MEGU RATHOD REP. BY HIS NATURAL MOTHER AND GUARDIAN SMT. AMBUBAI W/O MEGU RATHOD AND OTHERS Vs. BHARAT S/O APPURAO PATIL, THE UNITED INDIA INSURANCE CO. LTD., SRI VINAYAK S/O TULASIRAM UGHEDE AND NEW INDIA ASSURANCE CO. LTD.

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 travailing in MH -13/B -954 as coolies. The evidence discloses that the claimants were travailing 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.) IT is the contention of the insurer that the policy at Ex. R -1 was issued against payment of a cheque Ex.R. -6. On presentation, the cheque was sent back on the ground that "Effects not yet cleared" with an advice for representation on 19.8.1996. The insurer re -presented the cheque on 19.8.1996. The Bank again returned the cheque with an endorsement that "Effects not yet cleared''. The insurer has not produced the endorsement of the Bank pertaining to the second presentation.