NEW INDIA ASSURANCE COMPANY Vs. SIYARAM YADAV

JUDGEMENT

(1.) THIS appeal by insurance company has been preferred Under Section 110-D of the Motor Vehicles Act 1939, which will here-in-after be referred to as the Act, against award dated 9-11-1982 made by the Motor Accidents Claims Tribunal, Shivpuri, in case No. 17 of 1979.

(2.) THE facts of the case are simple. On 7-5-1978, a goods transport vehicle (motor-truck) bearing registration No. UTE 3295 belonging to the respondent No. 2, driven by his servant, i.e., the respondent No. 3 and insured with the appellant met with an accident while plying on Jhansi Shivpuri road. It was plying under a public carrier's permit granted Under Section 56 of the Act. In that accident, the respondent No. 1, who was travelling in the vehicle on payment of Rs. 3/- as fare to the driver, i.e., the respondent No. 3, sustained serious bodily injuries On his application for award of compensation Under Section 110-A of the Act, the Tribunal made the impugned award directing the appellant and the respondents 2 and 3 to pay Rs. 15,000/- to him as compensation with interest at Rs. 6/-p.c. per annum from the date of presentation of the application.

(3.) THE learned Counsel for the appellant has raised only the defence provided by Section 26(2)(b)(i)(a) which, leaving aside the irrelevant matter, reads as follows: