NEW INDIA ASSURANCE CO LTD Vs. RUKASANABAI

JUDGEMENT

(1.) THIS is an appeal by respondent no.2 - Insurance Company against Judgment and award passed by the Motor Accident Claims Tribunal at Akola.

(2.) THE facts giving rise to this appeal are as under '

(3.) RESPONDENT no.1 filed a written statement and denied all the allegations as have been made in the application. Respondent denies that the deceased was proceeding in the truck for a weekly Bazaar to Banosa. He also denies that the deceased was carrying with him his goods i.e. meat and mutton. He submits that the vehicle in question was a goods-career and passengers were not allowed to be carried in it. The vehicle was at the relevant time carrying ice-cubes from Murtizapur to Daryapur and the deceased boarded the truck voluntarily along with his articles, which is not permitted. It is contended that the vehicle is insured with the Insurance Company and therefore, respondent no.1 is not liable to compensate the claimants.