KHATOON Vs. NIMMA ALIAS MUYEEN KHAN AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the award dated 27th Aug., 1998 passed by Third Motor Accident Claims Tribunal, Shivpuri in Claim Case No. 54/97 whereby the Claims Tribunal has awarded an amount of Rs. 4,500.00 to the appellant-claimant as total compensation for the injuries sustained by her. The Claims Tribunal has also exonerated the Insurance Company from payment of the compensation.

(2.) The brief facts of the case are that the appellant-claimant is a widow. On 10th Jan., 1994 she was returning back to home from Bairad-fare after selling bangles. While returning she boarded truck No. CPH-7684 alongwith her goods. During way the said truck met with an accident in which claimant-appellant got injuries on her leg and head. A first information report was lodged at police station Rohari. The claimant, thereafter, filed the claim-petition claiming compensation.

(3.) As regards the liability of the Insurance Company is concerned the Claims Tribunal found that the claimant-appellant was travelling in a goods vehicle (a truck) and, therefore, the Insurance Company is not liable to pay compensation. This view is now settled by the Apex Court in cases of New India Assurance Co. Ltd. Vs. Asha Rani and others, 2003 A.C.J. 1 ; Pramod Kumar Agrawal and another Vs. Mushtari Begum and others, 2004 A.C.J. 1903 : 2004 (3) T.A.C. 289 ; National Insurance Co. Ltd. Vs. Baljit Kaur and others, 2004 A.C.J. 428 : 2004 (1) T.A.C. 366 and has held that if a passenger is travelling in a goods vehicle on payment of hire or reward the Insurance Company is not liable for payment of compensation. Thus, the view taken by the Tribunal for exonerating the respondent No. 3, Insurance Company, cannot be said to be erroneous.