NATIONAL INSURANCE COMPANY LIMITED Vs. RAM CHANDER

JUDGEMENT

(1.) On October 24, 1995, 12 persons were travelling in TATA 407 Truck. They were accompanying certain goods, which were being carried by them to a fare. The truck was being driven fast. It turned turtle. All the 12 were injured. They filed petitions for the grant of compensation on account of the injuries sustained by them. While these petitions were pending, Phool Chand, who was one of the claimants, passed away on August 13, 1997. His legal representatives were impleaded. However, the claim on account of his death was rejected on the ground that the death had not occurred on account of the accident. The claim of the remaining persons was upheld by the Motor Accident Claims Tribunal. Aggrieved by the award, Insurance Company has filed these seven appeals.

(2.) Mr. R.M. Suri, learned counsel for the appellant, contends that the respondents were travelling in a gods vehicle. The Insurance Company is not liable to indemnify the owner for carrying passengers in a truck. Consequently, the counsel claims that the liability has been wrongly imposed. He places reliance on a decision of the Division Bench of this Court reported as Harish Chand and Ors. v. Smt. Boti and Ors., (1998-1)93 P.L.R. 840.

(3.) The matter has been considered in detail by the Tribunal. It has been found that the injured were carrying their own goods to the fare. Thus, the Insurance Company was liable.