ORIENTAL INSURANCE CO LIMITED Vs. BABULAL

JUDGEMENT

(1.) This order shall also govern the disposal of M.A.Nos. 3018/06 and 3019/06 as in all the appeals, the award dated 12.5.2006 passed by I MACT, Mandleshwar is under challenge and in all the appeals, parties are one and the same except the claimants.

(2.) After framing of issues and recording of evidence, learned tribunal allowed the claim petitions and awarded a sum of Rs. 1,20,614/- to respondent No.1 in M.A.No. 3017/06 and Rs.25,000/- to each respondents in M.A.No. 3018/06 and 3019/06 Being aggrieved by the award, the present appeal has been filed by the appellant, Insurance company on the ground that learned tribunal committed error in holding the appellant responsible for payment of compensation.

(3.) Learned counsel for appellant submits that since the offending truck was a goods vehicle, therefore, learned tribunal committed error in exonerating the appellant. For this contention, reliance was placed on a decision in the matter of Arif Vs. Urmila and others, 2004 ACJ 1496, wherein a Division Bench of this court in a case where the driver allowed a person to sit on mudguard of tractor, it was held that offending tractor was not meant for carrying passengers, hence Insurance company is not liable for payment of compensation.