UNITED INDIA INSURANCE CO LTD Vs. BEGUMBAI

JUDGEMENT

(1.) This is an appeal filed under section 173 of the Motor Vehicles Act by the insurance company against an award dated 26.8.2000 passed in Claim Case No. 119 of 1998 by the M.A.C.T., Shajapur.

(2.) Facts in brief are these: Noor Mohammed was a cultivator of village Ranthbhavar in Tehsil and Distt. Shajapur on 2.10.1997, he claims to have hired one Matador bearing No. MP 13-E 1104 belonging to Radheshyam, the non-applicant No. 1, for taking his goods (wheat and soyabean) from Shajapur to Dewas. He also accompanied with goods in the said Matador which was being driven by Govardhan, non-applicant No. 2. It so happened that while the loaded vehicle was proceeding towards Dewas, it dashed with the standing truck resulting in instantaneous death of Noor Mohammed. It is this incident that led to filing of claim petition by claimants who are legal representatives of late Noor Mohammed, i.e., wife and son, out of which this appeal arises. In the claim petition, it was alleged that accident in question was due to rash and negligent driving of the vehicle in question by non-applicant No. 2. It was further alleged that vehicle in question being the goods vehicle was hired by the deceased for carrying his goods (grain) to Dewas and since it was insured with appellant insurance company at the relevant time the liability has to be shared by owner, driver and the insurance company jointly and severally. It was then alleged that deceased was aged 42 years and was earning around Rs. 60,000 yearly out of his business activity of sale of grain. It is essentially on these allegations the claim petition was filed. The defence was that of denial at the instance of all the three non-applicants. Parties then led evidence. The Tribunal by impugned award partly allowed the claim petition. It was held that deceased was travelling in the goods vehicle along with his goods and hence entitled to claim compensation. It was held that the motor vehicle in question was insured with the insurance company and hence they are equally liable to pay for the awarded sum. The Tribunal then passed an award for Rs. 6,07,000 in favour of claimants. It is against this award, the insurance company has filed this appeal. So far as owner and driver is concerned, they have not filed any appeal and hence an award as against them has attained finality.

(3.) Heard Mr. S.V. Dandwate, learned counsel for appellant and Mr. Asif Warsi for respondent Nos. 1 and 2.