NEW INDIA ASSURANCE CO LTD Vs. KASHMIRI DEVI

JUDGEMENT

(1.) A common question of law having been raised in all these appeals and the persons for whose death the compensation was claimed in the petitions, out of which these appeals have arisen, having died in the same accident, all these appeals are being disposed of by a common judgment, i.e., the one in hand.

(2.) The facts common to all the appeals are that the marriage of a son of a man, named, Gajan Ram, resident of Leghri, Tehsil Ghumarwin, District Bilaspur, had taken place on 12.11.1992. He engaged truck No. HP-23 0511 owned by respondent Shamsher Singh for carrying barat. The truck, while returning to the place of said Gajan Ram, after the marriage, met with an accident. The baratis (members of the marriage party) were on board the truck at that time. Seven persons died in that accident and thirty-seven were injured. The dead included the driver of the truck Baldev Dass. Petitions for claiming compensation for the death of six passengers were filed with M.A.C.T., Bilaspur. In five out of the aforesaid six petitions claimants pleaded specifically that deceased were on board the truck as members of marriage party. However, in one petition, out of which F.A.O. No. 57 of 1997 has arisen, it was alleged that the deceased, named Shariff, was a carpenter by occupation and he boarded the truck along with his tools and paid certain amount of money towards carriage charges for those tools.

(3.) The owner of the vehicle, i.e., respondent Shamsher Singh, initially stated in his replies that the deceased had forcibly boarded the truck in spite of resistance and objection by the driver and, therefore, he (the owner) was not liable to pay any compensation. Later on the replies were amended and it was stated that though Shariff was on board the truck in the capacity of the owner of the goods, which he was carrying, other deceased persons, except one Rattan Lal in respect of whom the claim petition out of which F.A.O. No. 55 of 1997 has arisen, was filed, had been engaged by the father of the bridegroom, namely, Gajan Ram, as labourers for loading and unloading the dowry articles and that when the accident took place only the deceased were on board the truck in the capacity of labourers. As regards Rattan Lal, it was stated in the initial as also in the amended reply that he had been engaged as conductor about ten days back on payment of Rs. 300 a month as salary plus meals and his total emoluments inclusive of the value of meals were to the tune of Rs. 600 a month. It was alleged that the risk of the labourers was covered by the policy, which the owner had purchased from the present appellant, i.e., New India Assurance Co. Ltd. for his indemnification for payment of compensation in respect of the death of or bodily injury to any person, in the use of the truck. The insurance company raised a number of preliminary objections. It is not necessary for the disposal of these appeals to notice all those objections. The objection relevant for the purpose of these appeals was that the deceased were unauthorized passengers on board the truck and hence the policy did not cover their risk.