JAGDISH CHANDRA Vs. ORIENTAL FIRE AND INSURANCE CO

JUDGEMENT

(1.) THIS appeal arises out of an award dated July 18, 1986, in Claim Case No. 17 of 1982 of the Court of the Motor Accidents Claims Tribunal, Shajapur, awarding a sum of Rs. 17,000 as compensation to the legal representatives (respondents Nos. 3 to 7) of the deceased, Bansilal, who died due to overturning of matador No. MBB 8097 which was being driven by respondent No. 2, Maqbul Hussain, and which was owned by the appellant under insurance with respondent No. 1.

(2.) CASE of applicant-respondents Nos. 3 to 7 is that the deceased, Bansilal, while travelling in the aforesaid vehicle, died in consequence of injuries sustained due to its overturning, on account of negligent driving by the driver. The contention of the owner and driver of the vehicle was that the deceased never travelled in the aforesaid vehicle and the accident in question was for no fault of the driver. The insurance company contended that carrying passengers in the goods vehicle was contrary to the policy condition and there was thus no liability for payment of any compensation whatsoever. The Tribunal exonerated the insurance company after accepting the aforesaid plea.

(3.) SPECIFIC contentions in the appeal memo filed by the appellant, the owner of the vehicle are that besides the incorrect finding relating to the driver's negligence and relating to entitlement of compensation assessed on wrong principles, the insurance company could not be exonerated and the further finding that the deceased was travelling in the vehicle was not only erroneous but it was contrary also to the owner's positive orders thereabout.