NEW INDIA ASSURANCE CO LTD Vs. DHANURJEYA KHOSLA

JUDGEMENT

(1.) INSURER is the appellant under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act'). Owner of the vehicle had entered contest and has also appeared in this appeal. There is no allegation of collusion of the claimants and the owner. Accordingly, insurer has right to challenge the award only on the grounds available under Section 96(2) of the Act.

(2.) IN this appeal there is no dispute that the deceased was moving in the truck ORU 7783 on 13 -2 -1982 when she full out of the truck and sustained fatal injuries to succumb in the hospital on 17 -2 -1982 She was a daily labourer engaged to load earth on the truck to be brought to the work -site While returning on the truck with morum with others, the truck faced with the accident Negligence in driving the vehicle and the compensation awarded is not in dispute. The only dispute is that the insurer is not liable since the deceased was not engaged by the owner and as such she was only a gratuitous passenger in the truck and the insurer is not liable.

(3.) MR . P. Roy, the learned Counsel for the appellant submitted that the coolies engaged by the owner would only be covered and on the evidence it being clear that the deceased was engaged by respondent No. 1 and not the owner, the insurer would not be liable.