MOHD ADIL SIDDIQUI Vs. JAI DEVI

JUDGEMENT

(1.) An accident took place on 11th June, 1978, at about 11.00 a.m. near bus station, Sarsaul, Police Station Maharajpur, District Kanpur, in which one Kunwar Bahadur died. The deceased was travelling in truck bearing registration No. USA 1062 in which his goods were loaded for transport from Kanpur to Khaga. The truck overturned at the time of accident killing the deceased. Mohammad Rasid and Abdul Rahim, the appellants before this court, are owners of the said truck. A claim petition was brought against them by the legal representatives of the deceased, Jai Devi and others, for recovery of Rs. 1,01,000/- on account of damages, etc. It was disclosed that the truck was insured with New India Assurance Co. Ltd. and, therefore, the said insurance company was contended to be liable to pay the damages. Though various pleas were raised before the Tribunal, it will be of no purpose to go into their details as the position relating to details of accident has been worked out by Tribunal and has not been challenged before me. The Tribunal awarded a compensation of Rs. 28,000/- and costs of Rs. 500/- with interest at the rate of 6 per cent per annum against the owners only holding that the insurance company could not be held liable because the deceased was travelling in a truck which was meant for carrying goods and not passengers. The Tribunal also made apportionment of the amount awarded but that too has not been challenged before me.

(2.) Mohammad Siddiqui has brought this appeal with the prayer that the claim should have been decreed against the insurance company and the Tribunal was not justified in its finding that in the given circumstances the insurance company could not be held responsible.

(3.) Upon service of notice of the appeal, cross-objections were brought by Jai Devi and others, legal representatives of the deceased and they prayed that the Tribunal was not justified in limiting the claim to Rs. 28,000/- and in fact should have been decreed for the whole amount, i.e., Rs. 1,01,000/-.