MATI BAI Vs. SOUTH EASTERN COAL FIELDS LTD

JUDGEMENT

(1.) On 6.11.1979 truck No. MHG 5764 of the South Eastern Coal Fields Ltd. driven by respondent No. 2 Malkit Singh and insured with respondent No. 3, the Oriental Fire & Genl. Ins. Co. Ltd. met with an accident resulting in the death of a number of persons including one Budhwaro Bai, a young girl about 18 years of age. Her father Bhikha Ram filed a claim petition claiming Rs. 1,80,000 as compensation for her death on the allegation that the accident was a result of rash and negligent driving of the truck.

(2.) The claim was contested by the respondents by denying rashness and negligence of the driver. The South Eastern Coal Fields Ltd. tried to avoid the responsibility by pleading that there were standing orders and instructions to the driver not to pick up any passenger while plying the vehicle of the company, and that the passengers were unauthorised occupants in the vehicle.

(3.) The pleadings of the insurance company were absolutely vague about the breach of conditions of policy. Nor was any evidence adduced by the insurer at the trial.