UNITED INDIA INSURANCE CO LTD Vs. P RUILIWUNG

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 is against the judgment and award dated 31.12.1994 passed by the Presiding Officer, Motor Accidents Claims Tribunal, Manipur in M.A.C. Case No. 8 of 1989 thereby awarding a sum of Rs. 1,20,000 with interest at the rate of 12 per cent per annum as compensation to the mother of the deceased P. Vakham who died in a motor accident on 20.10.1988 due to rash and negligent driving of the truck bearing No. MNS 5633.

(2.) Mr. R.M. Nath, the learned counsel for the appellant insurance company with which the vehicle was insured, has challenged the award passed by the learned Presiding Officer, Motor Accidents Claims Tribunal, Manipur only on the point of liability. According to Mr. Nath the vehicle was a truck bearing No. MNS 5633 and the same was insured with the appellant insurance company for carriage of goods and the deceased was a gratuitous passenger who happened to meet with his death due to accident of the vehicle and as such as per contract of insurance, the insurance company is not liable to pay any compensation for the death of a passenger travelling in a goods carrier vehicle. On the other hand, the learned counsel for the claimant has submitted that the deceased was not a passenger but he was a third party and as such the insurance company is liable to pay the compensation. The deceased P. Vakham died due to rash and negligent driving of the vehicle. In course of the hearing learned counsel has taken me to the judgment of learned Presiding Officer of the Motor Accidents Claims Tribunal and also the evidence, oral and documentary led before the Tribunal.

(3.) As noted above, there is no challenge on the question of compensation but the challenge is only on the question of liability of the insurance company and as such I am not going to enter into the quantum of compensation as awarded by the learned Presiding Officer of the Tribunal. The only question to be decided is whether the insurance company is liable to pay the compensation under the contract of insurance entered into between the owner of the vehicle and the insurance company.