PARKASH CHAND Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal by the owner is directed against the Award of the learned Motor Accident Claims Tribunal, Chamba dated 1.6.2004 whereby he exonerated the Insurance Company and held the owner liable to pay the amount of compensation.

(2.) The claimants who are the widow and children of late Shri Majnu alias Bhajan Lal filed a Claim Petition alleging that Sh. Majnu died in an accident involving Canter No. HP-48-0706. In the Claim Petition, it was alleged that the deceased was a bona fide passenger in the goods vehicle.

(3.) The petition was contested and the learned Motor Accident Claims Tribunal, Chamba has awarded compensation of 1,75,000/- alongwith interest @ 9% per annum to the claimants but has exonerated the Insurance Company on the ground that it has not been proved on record that the deceased was travelling in the goods vehicle as owner of the goods or representative of the owner of the goods.