SHIVANANDA BASAVANAPPA KONAPURE Vs. VISHWANATH TATYA KOLI

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the judgment and order dated 1 March, 1994 passed by the Member, Motor Accident Claims Tribunal (for short "the Tribunal") awarding compensation of Rs. 25,000/- to the respondent No. 1.

(3.) The appellant is the owner of a truck which was involved in the accident. On 23 November, 1987, the respondent was waiting at the ST bus stop for arrival of a ST bus going to village Mohol. On seeing the truck belonging to the appellant coming, he stopped it and with the driver's consent boarded the truck by payment of a hire charges of Rs.2/-. While on the way, the truck met with an accident in which the respondent No. 1 was seriously injured and the injury resulted into a permanent disablement. The respondent No. 1, therefore, filed a claim petition before the Tribunal. By the impugned order, the Tribunal allowed the claim petition and directed the appellant to pay to the respondent No. 1 compensation of Rs. 25,000/- together with interest at the rate of 12% per annum. Respondent No. 2, with whom the truck was insured, was absolved of the liability on the ground that the policy of insurance prohibited carrying any passenger for hire and the respondent No. 1 was travelling in the truck by breach of the conditions of the policy. Aggrieved by the decision of the Tribunal, the appellant owner is in appeal.