MOHD YUNUS Vs. PURSHOTTAM

JUDGEMENT

(1.) ONE Vinod Kumar (since deceased), aged 23 years in his capacity as an in jured filed a claim petition. The Motor Accidents Claims Tribunal, Udham Singh Nagar vide Judgment and Award dated 12-04-2002 allowed Vinod Kumar's claim petition and passed an Award of Rs. 3,33,340/- with interest in his favour and held respondent no. 3 United India Insurance Company Ltd. liable to pay the Award amount to the claimant. In A. O. No. 160 of 2002 filed by United India Insurance Company Ltd. in this Court, the aforesaid Award was challenged by the insurer to the extent and on the ground that because the owner had breached the policy con ditions, the owner should have been held liable to pay the Award amount and not the insurer.

(2.) IT was the admitted case of the parties in the Claims Tribunal as well as in this Court in the aforesaid Appeal that Vinod Kumar was travelling in the vehicle bearing Registration No. UP 022-7495 (Tata 709 Make) which was a Goods Carriage. Vide judgment dated 13th September, 2004 passed in the aforesaid A. O. No. 160 of 2002, the Insurer's appeal was allowed to the ex tent that even though it was directed to satisfy the Award initially and pay the Award amount to the claimant, at the same time, it was permitted to recover the Award amount from the petitioner, he being the owner of the vehicle in question because of the fact that the policy conditions were breached by him in as much as Vinod Kumar was travel ling as a passenger in a vehicle which was a Goods Carriage.

(3.) IN the written statement filed be fore the Tribunal in answer to the claim petition as well as the reply filed to the application filed by respondent no. 3, the petitioner no where pleaded nor averred that Vinod Kumar was travelling in the vehicle in question, not as a gra tuitous passenger, but as an owner of the goods he was carrying in the said truck.