NATIONAL INSURANCE CO LTD Vs. LAXMI DEVI

JUDGEMENT

(1.) The Insurance Company is the appellant challenging the award of the Second Motor Accident Claims Tribunal.

(2.) On 30-4-1973 at 12.30 a.m., a truek bearing registration number O. R. B. 1427 met with an accident at a place called Jhargadja on the Sambalpur- Cuttack road due to rash and negligent driving of the said truck. The truck was engaged in carrying goods of the Munsif, Bbadrak, who had been transferred to Angul. The deceased was the Night-Watchman of Bhadrak Civil Court and was going in the truck to keep watch over the goods. On account of the said accident, death having occurred, the claimants who are the wife and children of the deceased filed an application under Section 110-A of the Motor Vehicles Act claiming compensation to the tune of Rs. 50,000/-.

(3.) The Insurance Company filed objection before the Tribunal denying the rash ness and negligence of the driver of the truck and further it was stated that the deceased was a passenger on the truck and was being carried therein by the driver at his own risk and was not a third-party and therefore, his heirs, the claimants, were not entitled to receive any compensation from the Insurance Company.