NATIONAL INSURANCE CO LTD Vs. PRABHA DEVI

JUDGEMENT

(1.) When this case was taken up today, learned counsel for the parties submitted that looking to the limited controversy involved in this appeal, it may be finally disposed of after its admission at the threshold. It was further submitted that its pendency will not be in the interest of either of the parties. Keeping in view this joint request made by the learned counsel for the parties and also looking to the limited controversy involved in this case, it has been taken up for final hearing after it was formally admitted.

(2.) Mr. Ashwani Sharma, the learned counsel for the appellant urged only one ground in support of this appeal. It was, that the deceased Bhag Chand, husband of respondent No.1, father of respondent Nos. 2 to 4 and son of respondent No. 6, was travelling as unauthorised gratuitous passenger in a goods vehicle, meant and adapted for carriage of goods only, at the time of its accident. As such, looking to the defences open to his client under section' 149 (2) of the Motor Vehicles Act, 1988, learned Tribunal below fell into error by holding the appellant liable for payment of compensation awarded in this case. With a view to buttress his this submission, Mr. Sharma referred to the evidence examined by the parties during the course of trial, before the learned Tribunal below.

(3.) Before proceeding further in this case, it may be appropriate to observe that learned Tribunal based on the pleadings of the parties framed the following issues: