JAYANTI SAHU Vs. RAMA CHANDRA BEHERA

JUDGEMENT

(1.) The legal heirs of one Dharanidhar Sahu, the deceased, have approached this court in appeal being dissatisfied with the amount of compensation awarded by the 2nd Motor Accidents Claims Tribunal, Berhampur.

(2.) . Claimants' case is, on 18.6.90 around 4.30 a.m. while deceased Dharanidhar was travelling in a mini truck bearing registration No. ORF 3364 with his goods, the said truck met with an accident on account of rash and negligent driving of the driver of the vehicle. The owner as well as the insurance company contested the case. The owner of the vehicle admitted that the deceased was travelling in the vehicle, but took the plea that he was travelling as a coolie but not as a person accompanying his goods. The insurance company apart from denying the factual facts also took the statutory defence that though the policy covered the insurance as on the date of accident, yet the insurance policy did not cover the insurance for loss of life of a person travelling in the goods vehicle.

(3.) The learned Tribunal framed the following issues: