UNITED INDIA INSURANCE CO LTD Vs. U NARASIMHUDU

JUDGEMENT

(1.) In all these 14 cases, the case set up is that due to the rash and negligent act of the driver of the vehicle the accident took place. The Tribunal ultimately fixed the liability on the Insurance Company and awarded ah amount of Rs.20,000/- to each of the claimants in these cases where there are 14 deceased. The facts are that many people were travelling in the lorry at the time of the accident. Some persons received injuries and some persons died. In the claim petition the claimants did not mention the name and address of their employer and the column relating to the name and the address of the employer is shown as nil. That means, they were not travelling in the lorry engaged by their employer. The finding is that they have not paid any fare. So they are not fare paid passengers. They were also not engaged by any person on that day. So when they themselves came forward with the plea that the name and address of their employer is nil, now they cannot be permitted to say that they were travelling as coolies of the employer.

(2.) Under those circumstances the finding of the tribunal with regard to the rash and negligent driving is confirmed.

(3.) Sri Hanumaiah, learned standing counsel for the Insurance Company contended that the Insurance Company is not liable to pay any compensation as the injured and the deceased were not fare paid passengers and no extra amount towards premium was paid on the policy for the Insurance Company to pay compensation to the non-fare paid passengers in the event of accident. On a perusal of the policy it is found that 5 fare paid passengers and the driver can travel in the lorry. These injured and the deceased will not come into that category. Under those circumstances they cannot claim the benefit of the payment of extra premium for those 5 or 6 persons. A Division Bench of this Court in Oriental Fire & General Insurance Co. vs. M. Bhanumathi found that the non-fare paid passenger travelling in a goods vehicle is not entitled for any compensation from the Insurance Company on the basis that there is a valid cover as on the date of the filing. Therefore the contention of the Insurance Company that it is not liable to pay any amount as compensation is correct. It is only the owner of the vehicle alone that has to pay the compensation amount. It is submitted that all the claimants are poor people and they are all coolies.