ORIENTAL INSURANCE COMPANY LIMITED Vs. DHAPUBAI

JUDGEMENT

(1.) This order shall also govern the disposal of Misc. Appeal No. 517 of 1998, Oriental Insurance Co. Ltd. v. Bamnibai w/o Laluji; Misc. Appeal No. 518 of 1998, Oriental Insurance Co. Ltd. v. Dhapubai wd/o Laluji; and Misc. Appeal No. 521 of 1998, Oriental Insurance Co. Ltd. v. Antarsingh s/o Laxmansingh; as common facts of the case and questions are involved in all these appeals.

(2.) The appellant insurance company has filed this appeal under section 173 of the Motor Vehicles Act against common award dated 29.1.1998 passed by Member, Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 230 of 1996 on the ground that Tribunal has wrongly passed the award against the insurance company whereas the insurance company is not liable for payment of compensation on the ground that owner has committed breach of terms and conditions of the policy and he was carrying gratuitous passengers in a goods vehicle after taking fare from them.

(3.) The brief facts of the case are that respondent Nos. 1 to 3 are the claimants; the respondent No. 4 Hari Shankar is the driver of the vehicle, and respondent No. 5 Jhumarlal is the owner of truck bearing registration number RSO 3951. The said truck met with an accident on 12.7.1992. The claimants were travelling in the said truck from Kota to Agar. The said truck turned turtle and passengers received injuries. Laluji and two other labourers died on the spot due to rash and negligent driving by the driver. Claimants filed claim petition for compensation. The matter was inquired by the Tribunal and awarded compensation to the injured claimants and also to the legal representatives of the deceased persons. In the written statement insurance company took the objection that the driver was not having a valid driving licence and since the owner of the truck was carrying gratuitous passengers, therefore, the insurance company is not liable for the payment of compensation. The Tribunal rejected both the objections and has held that the driver was having a valid driving licence and since the insurance company has failed to prove that the passengers were gratuitous passengers and they were travelling in the goods vehicle after payment of money, therefore, the insurance company is liable for the payment of compensation. Against the said award, insurance company has filed this appeal.