UMA VATI Vs. SHER SINGH SHOBTA

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals being FAO No.46 of 2003 and FAO No. 214 of 2003 as they arise out of the same accident.

(2.) THE claimants are the parents and brother of deceased Hira Lal. There is no dispute with regard to the fact that Hira Lal died in an accident of truck No.HP07-1429 on 30.4.1997. In the claim petition, it was alleged that he was travelling in the truck as owner of the goods since he had hired the truck for the purpose of carrying his light and sound system which he had installed at Darlaghat for some "Bhagwat Path" which was being held there. The case was contested and various defences were taken by the owner and the Insurance Company. The learned Tribunal after considering the entire evidence has awarded a sum of Rs.1,71,000/- as compensation along with interest at the rate of 9% per annum with effect from 18.2.1998 the date of filing of the claim petition till deposit of the amount.

(3.) THE main plea raised by the Insurance Company is that it is not liable to pay compensation in view of the judgment of the apex Court in New India Assurance Company Ltd. versus Asha Rani and others, 2003 ACJ 1. According to the Insurance Company, the deceased was an unauthorized passenger in a goods vehicle.