ORIENTAL INSURANCE CO. Vs. VISHWA MITTER AND OTHERS

JUDGEMENT

(1.) By this common judgment and order I propose to dispose of these three appeals together.

(2.) These three appeals are filed by the Insurance Company against three separate awards passed by the learned Motor Accident Claims Tribunal, Udhampur on 31-3-1993 whereby compensation claims were awarded in favour of the respondents relating to three deaths that occurred in a single accident. On 28-4-82 while the deceased persons were travelling in Truck No. JKQ-3024 which was proceeding towards Dhanwan, it being rashly and negligently driven by its driver met with an accident at Marbbi Tehsil Chenani Udhampur District. It was the contention of the claimants in all the three petitions that the deceased persons were killed in this accident because the driver rashly and negligently drove the truck in question. The deceased were going for work under the instructions of contractor Ashok Kumar. All the deceased were poor labourers/masons. Whereas in claim petition No. 111/Claim of 1988 Rupees 65,000.00 was awarded as the compensation in respect of the death of deceased Bishamber Dass, in claim petition No. 109/Claim of 1988, Rs. 72,000.00 were awarded as compensation in respect of death of deceased Dhani Ram, in claim petition No. 110/Claim of 1988, in respect of the death of deceased Kaki, an amount of Rs. 52,000.00 was awarded as compensation.

(3.) The appellant has challenged all the three awards on a single ground. According to the appellant under Sec. 95(2) of the Motor Vehicles Act, 1939, the appellant-insurer was not liable to compensate or indemnify for the loss occurred because of the accident on the simple ground that the deceased were travelling in a truck and that the insurer on this account was absolved of its liability to pay.