SWAPAN GHOSH Vs. DIPANKAR SAHA

JUDGEMENT

(1.) This appeal is filed by the owner of the vehicle which was involved in an accident causing fatal injuries to one of the passengers in the vehicle. His only contention is that the Motor Accident Claims Tribunal by the impugned judgment dated 20.09.2018 erred in absolving the insurance company from liability to pay compensation. This being the limited controversy, bare necessary facts may be recorded.

(2.) The appellant was the owner of a Maxi Truck which was registered as a goods carriage vehicle. On 08.06.2013 at about 4.30 in the afternoon this vehicle met with an accident causing death of one Uttam Saha who was travelling in the vehicle along with his goods. His dependents, therefore, filed a claim petition claiming compensation of Rs.23,30,000/- from the owner and insurer of the vehicle in question. The Claims Tribunal awarded compensation of Rs.10,21,280/-. The insurance company was absolved on the ground that the policy did not cover the risk of a passenger even though travelling with the goods. This judgment the owner has challenged in appeal.

(3.) Having heard learned counsel for the parties, I find that the Tribunal has committed a serious error in absolving the insurance company of its liability to cover the risk of the passenger travelling in the vehicle with his goods. The Claims Tribunal has come to definite conclusion that the deceased was travelling in a goods carriage vehicle with his goods. Nothing is brought to my notice to disturb these findings. I must, therefore, proceed on such basis.