DIVISIONAL MANAGER UNITED INDIA INSURANCE Vs. ANKUR ALIAS

JUDGEMENT

(1.) This appeal is filed by the Insurance Company being aggrieved of award dtd. 30/11/2022 passed by the VIth Motor Accident Claims Tribunal, Satna in MACC No. 3400623/2016 Ankur @ Ankul Patel Vs. Ramprasad and others on the ground that the learned Tribunal has arbitrarily awarded compensation for the injuries sustained by the claimant while travelling as a cleaner on the truck without there being any coverage for the said cleaner.

(2.) It is submitted that the Insurance Company had led evidence of its officer namely Shri Ashish Gupta S/o Krishnakant Gupta, Assistant Manager, United India Insurance Company Ltd., Satna to point out that no premium was charged to cover the case of Khalasi/cleaner and, therefore, the Insurance Company is not liable to compensate the claimant.

(3.) In the cross-examination, this witness has admitted that as per the terms and conditions mentioned in Ex. D-1 from A to A part, IMT 28 is mentioned. IMT 28 includes the legal liability to paid Driver and/or Conductor and/or Cleaner employed in connection with the operation of the insured vehicle for all classes of vehicles.