PANNALAL KESHARWANI Vs. RAM AVTAR MITTAL

JUDGEMENT

(1.) This miscellaneous appeal is directed against the award dated 19.4.1990 in the Motor Accidents Claims Case No. 23 of 1986, by Motor Accidents Claims Tribunal, Sarguja District, Ambikapur, whereby the petition of the appellant/ plaintiff under section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), has been dismissed.

(2.) The claimant filed the petition claiming compensation on the averments that on 26.4.1982 while he was returning from Sanamani Colliery to Chirmiri, he boarded a truck No. UTZ 9415 along with his luggage. The respondent No. 1 was the owner of the said truck while respondent No. 2 was the driver thereof. The said truck was admittedly insured at the relevant time by respondent No. 3. On way the truck met with an accident, due to which the claimant suffered grievous injuries on his legs, which resulted in his permanent disablement. Compensation of Rs. 75,000 was therefore claimed by the injured-claimant. The application was resisted by the non- applicants/respondents. It was specifically averred by the insurance company that since the claimant was travelling in the truck in breach of the policy condition, the insurance company was not liable for payment of compensation.

(3.) The learned Tribunal held that the claimant was travelling in the said truck. It was further held in para 11 of the impugned award that in the 'ghat' section while changing the gear, the truck started sliding down the slope, and during that claimant jumped from the truck and sustained injuries on being crushed by the wheels of the truck. It was, therefore, held that there was no negligence on the part of the driver and, therefore, the driver and consequently the owner were not liable for the injuries caused in the said accident. It was further held by the learned Tribunal that the claimant-appellant was travelling in the said truck in breach of the policy condition and, therefore, the respondent No. 3 insurance company was also not liable to pay the amount of compensation.