MANIKCHAND PUKHRAJ KATARIYA Vs. HIRABAI

JUDGEMENT

(1.) Before proceeding with the merits of the case, points to be decided, etc. , it is necessary to acquaint ourselves, with the facts of the case, with which we are concerned. On 25-7-1986, at about 2.30 p. m. in the noon, one goods vehicle - dumper, bearing r. T. O. No. MWA 3347, was passing by nagar-Solapur Road. It was loaded with about 200 bags of cement and the dumper was proceeding towards Navsarwadi. The said dumper was driven by the appellant (Driver) , Savleram Dipaji Shinde. It was owned by the appellant (owner) , maniekchand Pukhraj Katariya and it was insured with the respondent (Insurer) , the oriental Insurance Company Ltd. One shivram Devram Dudhwade was working as a Labour on the said dumper on daily wages and one Bhanudas Maruti Mengade, was travelling by the said dumper, by paying hire charges Rs. 4/- to the Driver. The said dumper crossed about 1 and l/2 kms. distance and it was running with a speed of 60 to 65 kms. per hour. It was rashly and negligently driven by its Driver. As he could not control the vehicle, the dumper turned turtle and met with an accident. In all, three persons, the occupants of the dumper, including the abovementioned two persons, did sustain fatal injuries and succumbed to the fatal injuries.

(2.) The respondents (claimants) , in m. A. C. P. No. 165 of 1986, are the legal representatives of Labour, Shivram dudhwade, while respondents (claimants) , in m. A. C. P. No. 197 of 1986, are the legal representatives of the passenger, Bhanudas mengade. They did file these petitions before the Tribunal and claimed compensation from all these persons.

(3.) The Motor Accident Claims tribunal, on 19-6-1995, passed the award in both these petitions and directed the owner and Driver of the dumper to pay the amount of compensation, to these claimants. The tribunal, however, did not pass any award against the respondent (The Oriental insurance Company Ltd. ) , holding that, the respondent (Insurance Company) , was not liable to pay the amount of compensation, as there was breach of terms and conditions of the insurance policy.