UNITED INDIA INSURANCE CO LTD Vs. DHANA BHATRA

JUDGEMENT

(1.) THIS matter is listed today for orders but on the consent of the learned counsel for both parties, the same is taken up for final disposal.

(2.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'act'), filed by the insurance Company challenging the award dated 30-6-2001 passed by the Addl. District judge-cum-Motor Accident Claims Tribunal (hereinafter referred to as the "tribunal" ). Nabarangpur, in M. J. C. No. 49 of 2000/m. J. C. No. 73/1997 of D. J.-cum-M. A. C. T. , mainly on the ground that the Insurance policy issued by the appellant in respect of offending vehicle was a commercial vehicle meant for carriage of goods and that the appellant does not cover the risk of passengers carried in the vehicle but covers the risk of driver, helper and four labourers in the vehicle. The further ground of the appellant is that since the deceased was travelling as passenger in a private goods vehicle which is contrary to policy condition, liability of the Insurance Company does not arise. Moreover, at the time of accident the driver of the offending vehicle was not having valid driving licence and, therefore, the appellant is not liable to pay any compensation.

(3.) IT is submitted by the learned counsel for both parties that keeping in view the manner and spirit in which motor accident claim cases are disposed of in Lok Adalat, this appeal may be disposed of accordingly.