UNITED INDIA INSURANCE COMPANY LIMITED Vs. NARINDER KAUR

JUDGEMENT

(1.) Since these appeals (F.A.O. Nos. 350, 352, 353, 354, 355, 361 of 2001 and 92 of 2002) have arisen out of the same accident, they were taken up for consideration today and are being disposed of by this common judgment.

(2.) Vehicle bearing registration No. PJO 6640 being insured with the appellant, owned by Balbir Kaur respondent, and driven by Kulwant Singh, respondent was not disputed at the time of hearing. It was also not disputed that the respondentsclaimants in all these cases had preferred claim petitions which were disposed of by learned Tribunal below. Compensation has been awarded in all these cases. Appellant insurance company feeling aggrieved, has filed these appeals.

(3.) When these appeals came up for consideration today, Mr. Kuthiala, learned counsel for the appellant insurance company, submitted that the vehicle in question was a 'goods vehicle' meant for carriage of goods only and deceased/injured were unauthorised passengers in such a vehicle. Therefore, the appellant was not liable for payment of compensation. In the context of these appeals, it may be noted that the respondents-claimants except in F.A.O. Nos. 354 and 361 of 2001 are the legal representatives of the deceased who were in the truck at the time of accident. Whereas, in the two appeals respondents-claimants are the injured persons.