NEW INDIA ASSURANCE COMPANY Vs. JAMNA DEVI

JUDGEMENT

(1.) The present appeal, under Section 173 of the Motor Vehicles Act, is directed against the award dated 29.11.1996, of the Motor Accident Claims Tribunal, Bilaspur, whereby the appellant, i.e. New India Assurance Company, has been fastened with the liability to pay compensation money, rejecting its plea that the deceased was an unauthorized passenger on board the truck, and therefore, it was not liable to pay any compensation.

(2.) Facts may be summed up thus. Truck No. HP -23 -0917 belonged to respondent No. 5 Krishan Chand. Its driver was respondent No. 6 -Balwant Singh. On 30.1.1993, the truck, while carrying bricks from Nihari to Dadhol, met with an accident. As a result of the accident, one Baldev Singh, resident of village Bachherin, Pargana Tiun, Tehsil Ghumarwin, aged 39 years and employed as a Clerk in Education Department died. Respondents No. 1 to 4, being widow, mother and minor children of said Baldev Singh filed petition claiming compensation. One more person Tirath Ram also died in that accident. The bricks, being carried in the truck, allegedly belonged to deceased Baldev Singh and said Tirath Ram. It was alleged that the two persons were on board the truck in the capacity of the owners of the goods, being carried therein. Accident allegedly took place due to rash or negligent driving of the truck by respondent No. 6. Insurer admitted that deceased Baldev Singh and another man named Tirath Ram, were traveling by the truck as the owners of the bricks, which were being carried in it, when the accident took place. The insurer, i.e. New India Assurance Company, with which the truck was insured by its owner, namely Krishan Chand -respondent No. 5, took various defences to deny its liability. One of the defences was that the deceased were on board the truck as gratuitous and unauthorized passengers and their risk was not covered by the Insurance Policy.

(3.) The learned Tribunal framed various issues, including one pertaining to the plea of the appellant that it was not liable to pay the compensation money. Parties went to trial, at the end whereof the Tribunal held that the accident took place, due to rash or negligent driving of the truck by its driver and that the deceased was on board the truck in the capacity of owner of the bricks, being carried therein, and so he could not be said to be a gratuitous passenger. Consequently the plea of the appellant was rejected and it was ordered that the appellant in the capacity of the insurer, would be liable to pay the compensation, which was assessed at Rs. 4,52,000/ - and on which interest was also ordered to be paid at the rate of 12% per annum.