ORIENTAL INSURANCE COMPANY Vs. SAVITRI DEVI AND ORS.

JUDGEMENT

(1.) Heard Sri Arun Kumar Shukla, learned counsel for the appellant and Sri R.P. Pandey, learned counsel appearing for claimant respondent Nos. 1 to 5. Respondent No. 8, has not put in appearance before this Court despite service of notice and appeal is proceeded against him. This first appeal from order has come up against judgment dated 6.9.1993 passed by IXth Additional District Judge, Ghaziabad awarding a sum of Rs. 1,07,000/- towards compensation to the claimants-respondents.

(2.) Learned counsel for Insurance Company submitted that accident of goods carriage i.e. DCM Toyota UGU 8237 took place on 12.10.1989 and deceased Om Prakash was a third person travelling on the vehicle, therefore, there was no liability of compensation under the statute since on a Goods Carriage, no person should have been allowed to be carried as passenger.

(3.) This issue has been considered in para 12 of the judgment, which reads as under: