UNITED INDIA INSURANCE COMPANYLIMITED Vs. BHANUBHAI NARSINHBHAI VASAVA

JUDGEMENT

(1.) ALL these appeals were heard together as these appeals arise out of the common award disposing of 5 claim petitions filed under section 166 of the Motor Vehicles Act [the Act].

(2.) IT appears that on 20th April 2000, some labourers had gone to village Dharikheda for the purpose of slab-slanting of a house and thereafter in the evening, they were returning to their homes at Rajpipla in a truck bearing registration No. GJ.3.U.4471. When the truck was passing near the village Dharikheda, the driver of the truck was driving in full speed and it turned turtle, as a result, all the occupants sustained severe injuries and some of them died.

(3.) IT further appears from the record that the Insurance Company had the liability to pay compensation for the damages caused to the person and property of third-party, and that it was a goods vehicle and the contract of insurance prohibited carrying of passengers in it, and at the same time, there was no premium taken by the insurer for compensating the passengers in the vehicle except the driver and cleaner of the vehicle.