MITHU & OTHERS Vs. UGAM SINGH & ANOTHER

JUDGEMENT

(1.) This civil miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the 1988 Act') has been filed by the appellants claimants (hereinafter 'the claimants') dissatisfied with the award dated 8-12-2004 passed by the Judge, Motor Accident Claims Tribunal, Beawar (Additional District Judge (Fast Track) Beawar District Ajmer (hereinafter 'the Tribunal') on a claim petition No.27/2004 (240/1997) under Section 166 of the 1988 Act laid by the claimants.

(2.) The claimants filed a claim petition on 28-5-1997 before the learned Tribunal for the loss suffered by them owing to death of deceased one Foondi on 6-5-1997 while she was travelling in the offending Truck bearing No.RSN-8166 driven by respondent No.1 non claimant Ugam Singh (hereinafter 'Non claimant-I'), owned by respondent No.2 non claimant Babu Lal (hereinafter 'Non claimant-II') and insured with respondent No.3 non claimant the United India Insurance Company Ltd. (hereinafter 'the insurance company'). The offending vehicle had over-turned allegedly owing to rash and negligent driving of Non claimant-I. The deceased Foondi had sustained injuries in the accident and died therefrom. The offending vehicle was insured with the insurance company.

(3.) On notice of the claim petition, reply was filed by the insurance company admitting the accident, but claiming avoidance of its liability to pay the compensation inter alia on the ground that the risk of the passengers in the offending vehicle, which was a goods vehicle, was not covered under the insurance policy issued by it.