DIVALIBEN Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) All these First Appealsarise out of a common award made by the MotorAccident Claims Tribunal (Special), Kheda, Nadiad on 3.12.1991 and the challenge by the appellants is confined only to the extent that the Tribunal did not hold the respondent No. 3. Insurance Company liable for the awarded amount.

(2.) At the outset the learned Advocate appearing for the appellants sought permission to delete. In all these appeals, the respondent Nos. 1 and 2, namely, the driver and the owner of the vehicle as they were not served with the notice of the appeals and no relief was sought against them. Their names were deleted as per permission granted on 17.7.1995.

(3.) The accident occurred on 5.4.1987 when the truck bearing No. GRT 6046 driven by the driver Shivsa turned turtle resulting in death of nine persons and injury to fifty nine persons who were travelling in the truck along with their goods. Bharatkumar was the owner of the vehicle. According to the claimants the truck was engaged on hire from its owner Bharatbhai for a sum of Rs. 2000/-. There were about 80 to 100 bags of whea carried in the truck. This wheat was given to the labourers in lieu of labour work done by them and they were being carried in the said truck to their village, sixty eight Labourers travelled with their goods in the said truck. The fact that the truck was taken on hire from the owner. Bharatkumar, is clearly borne out from the evidence on record particularly the deposition at Exh. 121 of Sakhrambhai who was the Mukadam. There is a clear finding that the accident occurred as a result of rash and negligent driving of the driver of the truck. The Tribunal by its award dated 21.12.1991 awarded various amounts in this claim petition to the claimants ordering that they will be payable by the respondents Nos. 1 and 2 and exonerating the Insurance Company of any liability upholding its contention that there was a breach of condition of the insurance policy as the vehicle was used for hire without any permit.