RAM KUMAR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE present appeal has been filed by driver and owner of the vehicle involved in the accident against award dated 29.04.2008 by Motor Accident Claims Tribunal, Bhiwani (hereinafter referred as 'The Tribunal') whereby 'The Tribunal' awarded compensation and liability was fastened upon appellant -driver -owner and Insurance company was absolved of liability to pay the said amount.

(2.) TAKING the case from undisputed facts that accident took place on 13.05.2006 and claimant Naseeb sought compensation on the ground that he had boarded a TATA 407 truck bearing registration No.HR -39 -A -3142 as a helper of his co -claimant Ishwar Singh for loading and unloading four bags of his exercise books, registers and other stationery articles. The said truck met with accident as the same struck against road side 'kikkar' tree and both claimants sustained injuries. The matter was reported to the police. The Tribunal awarded the compensation.

(3.) MR . Rajesh Khandelwal, Advocate learned counsel for appellantsclaimants took the plea that 'The Tribunal' fell in error that while absolving the liability of insurance company as claimant were not passengers rather they were travelling with the goods and respondent No.2 was helper of respondent No.3 for loading and unloading four bags of his exercise books.