ORIENTAL INSURANCE CO. LTD Vs. NABILAL MAHIBOOB NADAF

JUDGEMENT

(1.) THIS is an appeal filed by the Insurance Company against the judgment dated 12th October, 1988 in M.A.C. Petition No. 13/86 on the file of District Judge and Ex -officio Member M.A.C.T., Solapur. Heard both sides. The Respondents Nos. 3 to 5, the original claimants, filed petition in the court below against the appellant and Respondents Nos. 1 and 2 for compensation under Section 110A of the Motor Vehicles Act. The Claimants are the widow and children of deceased Shri Jangam. It is their case that the deceased was travelling in Truck No. MHD/5520 on 20th July, 1985. The truck was being driven by the first Respondent and it was owned by the second Respondent. It is alleged that due to rash and negligent driving of the Truck by the First Respondent, the truck met with an accident in a road between Akkalkot and Akkalkot railway station. As a result of accident, Shri Jangam sustained injuries and died. Hence, the claimant filed a Claim Petition in the Court below.

(2.) THE Respondent No. 1 admitted the accident and death of Shri Jangam as a result of an accident. But he has denied that he has driven truck in rash and negligent manner and pleaded that the deceased had boarded the truck of his own and he was not allowed to be carried in the truck by the driver. The owner filed separate written statement disputing his liability for the claim. The appellant who was Respondent No. 3 in the Court below filed separate written statement stating that it is not liable for the compensation claimed in the petition. Clear plea is taken that a risk of a passenger in goods vehicle is not covered by the insurance policy.

(3.) AFTER recording evidence, the trial court held that Shri Jangam died as a result of the accident and that the accident was due to rash and negligent driving on the part of driver of the truck. A finding was recorded that the deceased was travelling in the lorry with the permission of the driver. The learned Trial Court held that all the three respondents in the Court below are liable for the amount. The learned Trial Court fixed the quantum of compensation at Rs. 20,000/ -. Hence claim petition came to be allowed against the appellant and the respondents Nos. 1 and 2 in a sum of Rs. 20,000/ - with interest.