NATIONAL INSURANCE CO LTD Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) By this judgment two appeals, being F.A.O. (MVA) Nos. 237 of 1999 and 148 of 2000, are being disposed of, as they arise out of the same accident and similar points are involved in these appeals.

(2.) In F.A.O. No. 237 of 1999, deceased was one Gopal Singh Negi. He was travelling in truck No. HIA 8266. The claim set up in the claim petition is that the deceased had paid fare for travelling in the truck. Driver did not file any reply. The owner in his reply took up the stand that he was not aware as to in what capacity the deceased was travelling in the vehicle. It was further stated that the deceased was not travelling with the consent of the owner. The insurance company took up the plea that the deceased was an unauthorised passenger in a goods vehicle and, as such, it was not liable to pay compensation.

(3.) In F.A.O. No. 148 of 2000, the facts are that the deceased was employed as chowkidar with Himachal Pradesh State Forest Corporation. He was posted at the depot of Forest Corporation at Chaura. In the claim petition it was alleged that he sat in the vehicle to guide the driver of the truck and to point out the site from where the vehicle was to turn back so that the timber could be loaded therein. The owner in his reply denied this fact. The insurance company took up the plea that the deceased was an unauthorised passenger in a goods vehicle and, as such, the insurance company was not liable.