UNITED INDIA INSURANCE CO LTD Vs. KAMALALOCHAN KAMALO

JUDGEMENT

(1.) This appeal is directed against an interim award dated 23-4-1992 passed by the 2nd M.A.C.T. (S.D.), Berhampur, Camp - Jaypore, whereby interim award in the sum of Rs. 15,000/- has been passed in favour of the claimant / respondent No. 1 and against the appellant-insurer. The facts giving rise to this petition are hereinafter stated. v

(2.) On 3-4-1987 claimant Kamalalochan presented a petitioner u/S. 92A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') before the Motor Accident Claims Tribunal (S.D), Berhampur, Camp - Jaypore claiming compensation amounting to Rs. 15,000/- from the owner, driver and insurer of the truck bearing Regd. No. ORK 1453. This was registered as M.J.C. No. 40/ 87. In Col. 7 of the claim petition it was specifically averred that :

(3.) On notice being issued the owner and the driver did not appear, hence were proceeded ex parte. The appellant-insurer entered appearance and denied its liability on the ground that carrying passengers in a goods vehicle was in violation of the terms and conditions of the contract of insurance. It contended that in view of the admitted position, that the deceased was a passenger and this fact being further borne out from the police papers which disclose that there were about 20 to 30 passengers in the goods vehicle, it could not be made liable. It was also contended that the owner of the vehicle had not paid any premium for obtaining a policy covering the risk of the passengers travelling in a goods vehicle and, as the deceased was not travelling in the goods vehicle by virtue of or under a contract of employment, the liability was not required to be covered under the Act.