NATIONAL INSURANCE COMPANY LTD Vs. JITENDRA KUMAR

JUDGEMENT

(1.) ALL these appeals filed under section 173 of Motor Vehicles Act, 1988 (hereinafter referred as the "the said Act ")arise out of the common award dated 19.5.2000 passed by the Presiding Officer, Motor Accident Claims Tribunal, Beawar District- Ajmer (hereinafter referred to as "the Tribunal ") in MACT Case no.108 of 1997 and others, whereby the Tribunal has awarded compensation to the concerned respondents-claimants for the injuries sustained by them in the accident alleged to have taken place on 3.11.1996, when they were travelling in the offending Truck bearing no.MH-12/0783, and further held the appellant insurance company liable to pay the said compensation.

(2.) THE accident in question had allegedly taken place on 3.11.1996 when the respondent no.2 Praveen Kumar in all appeals was driving his offending Truck,carrying the claimants as the passengers therein and when the said Truck turned turtle due his rash and negligent driving. Resultantly, the claimants sustained injuries and therefore they filed their respective claim petitions before the Tribunal claiming compensation against the respondent no.2 who was the owner and driver of the offending Truck and against the appellant insurance company with whom the said Truck was ensured.

(3.) IT has been sought to be submitted by Mr. Tej Prakash Sharma learned counsel for the appellant-insurance company that the offending Truck being public goods carrier as per the cover note Ex.67, the same was to be used solely for the purpose of the carriage of goods and not for the passengers. Taking the court to the evidence produced before the Tribunal, Mr. Sharma submitted that even as per the FIR Ex.-62, the respondent No.2 who was the owner and driver of the said Truck had permitted 30-32 passengers in the said vehicle, and thereby had committed the breach of terms of the policy. Placing reliance upon the judgment of the Apex Court in the case of New India Assurance Co. Ltd. Vs Asha Rani and others, AIR 2003 SC 607(1), Mr. Sharma submitted that the judgment in the case of New Indian Assurance Co. vs Satpal Singh, on which the Tribunal had placed reliance, has been overruled by the Apex Court and it has been held that the insurer could not be held liable for paying the compensation to the passengers traveling in the goods vehicle.Mr. Sharma has also relied upon upon the decision of the Apex Court in the case of New Indian Assurance Co. Ltd. Vs Vedwati and Ors, AIR 2007 SC 1334(1), in support of his submissions.