PRAFULLA CHANDRA CHOUDHURY Vs. PRAVAKAR SAHU

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act, the owner of the vehicle being the appellant, and the challenge is only with respect to the direction of the Tribunal directing the owner to pay the assessed amount of compensation and exonerating the insurance company from the liability. Since the claimant has not filed any appeal against the quantum of compensation, we are not concerned with the quantum of compensation awarded by the Tribunal.

(2.) THE Tribunal came to the conclusion that since the vehicle had been taken on hire and the claimant was travelling in that vehicle when the accident took place and as a result of which the claimant suffered the injuries, the insurance company would not be liable to pay the compensation. The learned Counsel for the appellant in assailing the aforesaid direction of the Tribunal contends that the Tribunal did not bear in mind the provisions of Section 95 of the Motor Vehicles Act and in the facts and circumstances of the case, the insurance company cannot be exonerated from the liability in question. It has been found by the Tribunal that the claimant was travelling in the mini truck bearing number ORG 6291 which had been taken on hire by his master for transportation of some goods and the claim -ant on behalf his master was travelling in the vehicle with the goods from Balugaon to Khurda when the accident took place on account of rash and negligent driving of the driver of the vehicle.

(3.) THIS appeal is accordingly allowed and the order of the Tribunal is modified as stated earlier. There will be no order as to costs.