NATIONAL INSURANCE COMPANY LTD Vs. BARI MALI

JUDGEMENT

(1.) THESE two appeals by the Insurance Company are directed against a common award passed by the Claims Tribunal. Misc. Appeal No. 485/96 is directed against the award relating to claim of Bari Malik and Misc. Appeal No. 486/96 relates to claim of Sambaru Malik. Both the claim applications had been filed for injuries sustained by the claimants in an accident involving the truck bearing registration number ORG -41 15 belonging to respondent No. 2. Both the claimants had claimed that they were travelling in the truck as Coolies and had sustained injuries in an accident involving the truck.

(2.) THE owner of the vehicle (present respondent No. 2 in each of the appeals) did not contest. The Insurance Company contested the claim applications by generally denying the allegations made in the claim applications. It was also pleaded that the injured persons being passengers in the truck, the liability, if any, was to be met by the owner and not by the Insurance Company.

(3.) IN the present appeals, the only contention raised by the counsel for the appellant relates to the question of liability of the Insurance Company vis -a -vis that of the owner. It has been contended that in view of the finding that the injured -claimants were passengers in the truck, the liability should be borne by the owner and not by the Insurance Company. The learned counsels appearing for the claimants as well as the owner submitted that the injured -claimants should be taken to be Coolies in the truck and as such, the liability is covered.