ORIENTAL FIRE AND GENERAL Vs. K. HANUMANTHA RAO

JUDGEMENT

(1.) THE Oriental Fire and General Insurance Co. Ltd. is the appellant and it filed the L.P.As. Nos. 201/1989, 202/1989, 203/1989 and 204/ 1989, being aggrieved by the judgment of the learned Single Judge of this Court in C.M.A. Nos. 1163/1987, 1165/1989, 1167/1987 and 1164/1987. The claimants filed O.Ps. claiming compensation before the Tribunal under the Motor Vehicles Act stating therein that two persons died and three persons received injuries when they were taking the sheep in the lorry bearing No. AAA 6747 on 28.5.1983 at about 3.30 p.m., the accident took place due to the rash and negligent driving of the vehicle by the driver and as a result, the said two persons died and three persons received injuries. Therefore, they filed the claim petitions. The Motor Vehicle Claims Tribunal has considered the material evidence on record and after hearing both parties, it found that the driver drove the vehicle in a rash and negligent manner which resulted in the accident and caused the death of two persons and injuries to three persons and awarded compensation to the heirs of the two deceased persons as well as three injured persons. The said Claims Tribunal disposed of the claim petitions by awarding the compensation by a common judgment. Appeals are filed against that judgment in this Court. The learned Single Judge of this Court dismissed the appeals. Against that, the present L.F.As. are filed.

(2.) THE learned Counsel for the appellant Mr. Dasaratharamayya contended that the vehicle involved in the accident is goods vehicle and meant for transporting the goods only and not meant for the transporting the passengers. Therefore, if any person travelling in the vehicle with goods or without goods, the said travel is in contravention of the provisions of the Motor Vehicles Act and Rules. Therefore, no compensation could be awarded whether it is resulted in death or injuries to the persons travelling due to the accident. He further contended that there is no liability to insure the persons travelling in goods vehicle as contemplated under Section 96(1)(b)(ii) of the Motor Vehicles Act, which provides exemption.

(3.) IN view of the above contentions, the important question of law that arises for consideration is: Whether an Insurance Company is liable to pay compensation where the owners of sheep, while travelling alongwith their sheep in a goods vehicle, receive injuries or die in an accident due to rash and negligent driving of the goods vehicle.