NEW INDIA ASSURANCE CO LTD Vs. SHEELA DEVI

JUDGEMENT

(1.) In all these ten appeals a common question, viz., whether the risk of the persons, who die or sustain injuries in the accident of a goods vehicle, is not covered by the insurance policy and hence, the appellant (insurer) is not liable to pay the compensation, had been raised.

(2.) Truck No. HP 49-0065, owned by respondent Sanjay Kumar, was insured with the appellant. On 21.4.1994 the said truck was carrying some passengers fror Manikaran to Bhunter. It met with an accident, as a result of which some perssons on board the truck as passengers, died and some other sustained injuries. The claim petitions were filed, under section 166 of the Motor Vehicles Act, seeking compensation. The appellant, who was impleaded as respondent on account of its being the insurer of the truck, took the plea that the persons who died or sustain injuries were unauthorised passengers and their risk was not covered by the policy. Therefore, the liability for payment of compensation was disputed.

(3.) Tribunal disposed of all the claim petitions by a common award. Appellant's plea that the risk of the persons who died or sustained injuries was not covered by the insurance policy and so it was not liable to pay any compensation, did not find favour with the Tribunal and consequently the appellant insurer was held liable to pay compensation in all the cases.