MOHAN SINGH Vs. NAND RAM

JUDGEMENT

(1.) This appeal has been preferred by the owner and driver of Mini Truck No. HP-49- 0403, which was involved in an accident on 21.11.2000 at around 8 P.M. resulting in the death of Het Ram, who was traveling in the vehicle. It is undisputed before me that the truck is a tempo/mini truck and appellant No.1 is the owner and appellant No. 2 is the driver. The factum of accident is also not disputed.

(2.) In appeal, learned counsel appearing for the appellant has questioned the legality of apportionment of liability on the owner on the ground that deceased was not a gratuitous passenger. His alternate submission is that the evidence on record clearly establishes that vehicle was not being plied in violation of the conditions of the insurance policy as the owner had never authorized the driver to undertake any such activity.

(3.) Before considering the pleas urged, the facts as pleaded may be considered. The claimants-respondents are the father and mother of the deceased. It is pleaded by them that on 21.11.2000 at around 8 P.M. when the truck reached near Sojha, it met with an accident because of the rash and negligent driving of Paras Ram, appellant No.2. Their son died on the spot and he was removed to PHC Nagwain where he was declared dead by the Medical Officer on duty. Autopsy was conducted confirming his death because of the accident. Compensation of Rs. 10 lacs was claimed.