PRADEEP KUMAR SINGH DEO Vs. DRAUPADI VERASAGAR

JUDGEMENT

(1.) THE appellant is the owner of a motor truck bearing No. OSS 5792 which was involved in an accident on December 26, 1982, while driven by his driver. It is alleged that, due to rash driving by the driver, the vehicle which was carrying sugarcane capsized and certain coolies including one Prafulla Verasagar aged about 24 years fell down and Prafulla died.

(2.) THE claim application was filed by his widow and other legal representatives. The Claims Tribunal, Sambalpur, held that the accident took place on account of the negligence of the truck driver and, accordingly, allowedcompensation of Rs. 27,600 to be distributed in different proportions among the claimants (details are not relevant). He, however, altogether exonerated the insurer, namely, the United India Insurance Co. Ltd. respondent No. 6 on the ground that the truck was carrying more than four persons (sic), i.e., beyond the permissible limit under the law. Therefore, the number of persons carried being beyond the permitted limit, the insurance company could not be held liable.

(3.) THE arguments are advanced on the basis of the provisions contained in Section 95(2) (a) of the Motor Vehicles Act which reads as follows : - -