UNITED INDIA INSURANCE COMPANY LTD Vs. SEWA BAI

JUDGEMENT

(1.) MISC. Appeal No. 223/04 arising out of Claim Case No. 34/02 between Seva Bai and Anr. v. Anup Agarwal and Ors.; MISC. Appeal No. 224/04 arising out of Claim Case No. 37/02 between Sanjhlmnwar and Ors. v. Anup Agarwal and Ors.; MISC. Appeal No. 225/04 arising out of Claim Case No. 36/ 02 between Bhagwati Bai and Ors. v. Anup Agarwal and Ors.; MISC. Appeal No. 226/04 arising out of Claim Case No. 33/02 between Dilaso Bai v. Anup Agarwal and Ors. are being disposed of by this common judgment, as all these appeals are directed against the claim cases arising out of the accident dated 1.10.1998 involving truck bearing registration number MP26-D-4674, owned by Respondent-Anup Kumar Agarwal, driven by Respondent- Chain Singh Sidar and insured by the Appellant herein for the relevant period, and the same also involves a common question of law whether the Appellant can be held liable for making payment of compensation for passengers traveling in the goods carriage vehicle being the gratuitous passengers.

(2.) FACTS necessary for adjudication of these appeals are that on 1.10.1998 at about 8.30 p.m. Respondent-Chain Singh, driving the truck bearing registration number MP26-D-4674, owned by Respondent Anup Kumar Agarwal and insured by the Appellant herein, met with an accident near Aamapali, while he was going to Dharamjaigarh from Gersa. The truck was carrying limestone. Nine persons were traveling in the said truck in addition to the driver and cleaner namely Laxminarayan. In this accident Barat Ram, Madan Singh, Lagin Singh and Laxminarayan, cleaner of the vehicle, died. Legal heirs of all these four deceased persons filed separate applications for compensation. The Claims Tribunal in Claim Case No. 33/02 awarded a sum of Rs. 1,75,000/- for the death of Madan Singh; in Claim Case No. 34/02 awarded a sum of Rs. 1,75,000/- for the death of Barat Ram; in Claim Case No. 36/02 awarded a sum of Rs. 1,46,000/- for the death of Laxminarayan, cleaner of offending vehicle and in Claim Case No. 37/02 awarded a sum of Rs. 1,75,000/- for the death of Lagin Singh with interest @ 9% from the date of the application. Owner, driver and the Appellant-insurance company were held jointly and severally liable for satisfying the impugned award.

(3.) WHETHER at the time of accident the vehicle was being used in breach of insurance policy conditions, if yes, its effect?