NATIONAL INSURANCE CO. LTD Vs. MANSUKH MULJIBHAI JOSHI

JUDGEMENT

(1.) BY way of filing this appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 4th April 2005 passed by Motor Accident Claims Tribunal, Jamnagar in MAC Petition No.688 of 2003 whereby the Tribunal has partly allowed the appeal filed by the claimants and awarded Rs.72,675 towards compensation along with interest at the rate of 9% per annum from the date of the application till realisation.

(2.) THE short facts of the present case are that on 24 th June 2003 the claimant was travelling from village Dhunada to Jamnagar in truck bearing No.GTY 3554 driven and owned by original opponent No.1. When they reached near Dared Patiya, original opponent No.1 suddenly applied the brakes as there was a speed breaker. Due to the said jerk, the applicant fell down from the truck and received serious injuries. He was admitted at the hospital of Dr Dangar for the period from 24th June 2003 to 4th July 2003. He, therefore, filed claim petition for getting compensation of Rs.1,00,000. The Tribunal by its impugned judgment and order directed the respondents jointly and servarlly a sum totalling to Rs.72,675 towards compensation along with interest at the rate of 9% per annum from the date of the petition till realisation. Hence, the present appeal is filed by the insurance company.

(3.) FROM the record it seems that since the truck in which the appellant was travelling is a goods vehicle and it was used for carrying the passengers, there is a clear breach of the conditions of the Policy. Hence, as there is no statutory liability upon the owner to get his vehicle insured for any passenger travelling in a goods vehicle, the insurers would not be liable to pay the compensation to the passengers travelling in the goods vehicle.