ORIENTAL INSURANCE CO LTD Vs. PURI DEVI

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the award dated 31.07.2007, passed by the Motor Accident Claims Tribunal, Kullu, whereby he awarded compensation of Rs. 2,07,000.00 in favour of the claimants and directed the Insurance Company to satisfy the award.

(2.) IN this appeal by the Insurance Company, two points have been raised. Firstly that the claimants have failed to prove that the deceased was travelling in the vehicle, which admittedly was a commercial vehicle, as owner of the goods and secondly that the driver did not have a valid driving licence to drive the vehicle in question.

(3.) BY now, the law is well settled that it is predominant purpose for which the vehicle was hired, which has to be seen while determining whether the deceased was travelling in the vehicle as owner of the goods or not. If only some personal belongings or instruments of business which are not of huge weight or bulk are carried, that itself will not mean that the person is travelling as owner of the goods. To give an example; in case a person travels in a truck and only one briefcase or suitcase is carried in the truck, it will not mean that he has hired the truck for carriage of his personal belongings.