PHOOL CHAND Vs. INDRA SINGH

JUDGEMENT

(1.) AGGRIEVED by the award dated 20.08.2006 passed by the Special Judge SC/ST (Atrocities Cases) and Motor Accident Claims Tribunal, Kota (Rajasthan) (hereinafter referred to as "the learned Judge"), whereby the learned Judge has exonerated the Insurance company, respondent No.2, from its liability, the appellants, the owner and the driver, have approached this Court.

(2.) THE brief facts of the case are that on 22.02.2004, Madholal and Indra Singh were travelling in a mini-truck, bearing registration No.RJ-20G-3294, while carrying their bags full of mustered. THE said mini-truck was being driven by Jufikar, the appellant No.2. According to Madholal and Indra Singh, Jufikar was driving the said mini-truck in a rash and negligent manner. Consequently, the mini-truck hit a tree and turned turtle. THErefore, both Madholal and Indra Singh sustained injuries. Hence, both of them filed two separate claim petitions before the learned Tribunal. Although, the Insurance Company (respondent No.2 before this Court) filed their reply and contested the claim petition, yet the appellants neither filed their reply, nor contested the claim petition. Thus, ex-parte order was passed against them. In order to substantiate their case, both the injured-claimants examined themselves as witnesses and submitted twenty-nine documents. THE Insurance Company, on its part, examined a single witness. But, it did not submit any document. After going through the oral and documentary evidence, the learned Judge while exonerating the Insurance Company, awarded a compensation of Rs.53,445/- in favour of the claimants. Hence, this appeal on behalf of the owner and driver before this Court.

(3.) SECTION 147(1)(b)(i) of the Act clearly lays down that the Insurance Company would be liable against any liability which may be incurred by the insured "in respect of the death or of bodily injury to any person including the owner of the goods or his authorized representative...." (Emphasis added). Since, both Madholal and Indra Singh were traveling in the capacity of owner of the goods and of authorized representative, obviously, their cases are covered under SECTION 147(1)(b)(i) of the Act.