UNITED INDIA INSURANCE CO LTD Vs. HIRALAL

JUDGEMENT

(1.) This judgment shall dispose of two appeals being F.A.O. Nos. 249 and 254 of 2002 as they arise out of the same accident and award.

(2.) Brief facts of the case are that truck No. HP 09-0712 was owned by Narain Singh Jandev. This truck was insured with United India Insurance Co. Ltd. One Prem Singh was employed as a cleaner in the said truck. Narender Jandev who is the son of the owner was also travelling in the said truck. The truck met with an accident on 5.6.1997 near petrol pump, Kandaghat. The driver, cleaner Prem Singh and Narender Jandev died in the accident. M.A.C. Petition No. 61-S/2 of 1997 was filed by Hiralal, father of Prem Singh and Sundra Devi, Ram Piari and Vinod Kumar, sisters and brother of Prem Singh. In this petition it was alleged that the deceased was the cleaner in the truck and that the accident occurred due to negligence of the driver and hence they are entitled to compensation. Dropti Devi, wife of Narain Singh (owner) filed a claim petition alleging that the deceased Narender Jandev was her son. According to her the deceased had hired the truck for taking goods from Theog to Delhi. According to her the truck was on its way back from Delhi to Theog and the deceased who was doing the business of selling apples, potato, peas and other fresh vegetables had hired the truck for selling and taking fresh consignments of vegetables to Delhi. The case set up is that the deceased was travelling in the truck as hirer of the vehicle. F.A.O. No. 249 of 2002

(3.) In this case the deceased was admittedly a cleaner in the truck. The insurance company, as per the terms of the policy, had covered the liability for the cleaner. Even otherwise, as per the provisions of the Motor Vehicles Act the insurance company is liable. There is no merit in the appeal which is accordingly dismissed. F.A.O. No. 254 of 2002