GUJAWWA SHIVANNA GUMTE Vs. T C SHRIKANT

JUDGEMENT

(1.) HEARD Advocates for the appellants and respondent No. 2. None present for the respondent No. 1 though served. Perused the records.

(2.) THE appeal arises from the judgment and order dated 31-10-1987 passed by M. A. C. Tribunal, Solapur in M. A. C. Petition No. 103 of 1986. The grievance of the appellants is that though the claim petition has been allowed and compensation has been awarded in favour of the appellants/claimants, the Insurance Company has been exonerated from its liability to pay the compensation on the ground that the agreement between the parties provided for exclusion of liability of Insurance Company in relation to the passengers travelling in the goods vehicle.

(3.) THE facts relevant for the decision are that on 15th May, 1985 the deceased who was the husband of claimant No. 1 and the fathers of claimant Nos. 2 to 6 was travelling in a truck bearing No. CAA 4309 from Solapur to Shrinal. The truck met with an accident on the way to Shrinal and in the process the driver having lost control over truck, the same fell into a ditch and as a result the husband of claimant No. 1 died on the spot. The deceased was aged 35 years at the time of accident and as a labourer, was earning sum of Rs. 500/- per month. The claimants claimed compensation of Rs. 60,000/ -. After hearing the parties, the M. A. C. Tribunal, allowed the claim for compensation to the tune of Rs. 42,600/- but held the owner of the vehicle to be liable to pay the same thereby exonerating the insurance company from liability to contribute any amount towards compensation on the basis of the terms of the Insurance Agreement in relation to the vehicle in question. Reliance was placed in the decision of Madras High Court in (United India Fire and General Insurance Co. Ltd. , Madurai v. M. S. Duraire) A. I. R. 1982 Mad. 287. Upon hearing of the Counsel for the parties and perusing the records, the only question which arises for determination is whether in the facts and circumstances of the case, disclosed from the evidence on record, Insurance Company can be held to be liable to contribute towards the compensation awarded in favour of the claimants.