NATIONAL INSURANCE CO LTD Vs. ABDUL MAJID

JUDGEMENT

(1.) THESE appeals have been filed against the common judgment of the learned Judge, Motor Accidents Claims Tribunal, Doongarpur, dated 26.8.1985 by which he has awarded compensation to the claimants -respondents as follows:

(2.) THE facts of the cases giving rise to these appeals may be summarised thus. On 26.4.1982, Abdul Majid, respondent No. 1, was driving truck No. RSY 8849 from Vijaypur to Doongarpur. The truck was owned by Himmat Singh, respondent No. 2 and insured by the National Insurance Co. Ltd., appellant. In the way at Ratanpur, the driver Abdul Majid and Pradeep Kumar, opposite party No. 2, allowed several persons to sit and travel in it after obtaining fare from them at the rate of Rs. 41 -per passenger. The truck was being driven rashly and negligently. As a result thereof, it toppled down near the village Tharia. Mohanlal, Ramlal, Lilaram and Gautamlal received injuries and Ramlal died as a result of his injuries. Separate claim petitions were filed by the said injured persons and the legal representatives of the deceased Ramlal. The owner Himmat Singh denied all the averments of the claim petitions and averred in his written statements that he had sold the said truck on 22.4.1981 to Gebilal, opposite party No. 3. In its written statements, the insurance company admitted that the accident had taken place with the truck and that it was insured with it in the name of the owner Himmat Singh. The insurance company has taken preliminary objections regarding misjoinder and non -joinder of the parties and travelling of several persons against the terms of the policy without insurance cover in its written statements. In the additional pleas, it has also been averred that the said truck was not being driven by a licensed driver under the control of the insured and it is not liable to pay any amount of compensation. The driver, Abdul Majid, Gebilal and his son Pradeep Kumar have filed joint written statements admitting that the said truck was purchased by Gebilal but it was not legally transferred in his name, it was insured with the insurance company, accident had taken place and at the time of the accident it was being driven by its driver, Abdul Majid. It has further been averred that the said injured persons entered into the truck taking advantage of the darkness and without permission of the driver.

(3.) IT has been contended by the learned Counsel for the appellant that the learned Tribunal seriously erred in holding appellant liable to pay compensation, it did not consider that the driver Abdul Majid was not holding valid licence, the Offending truck No. RSY 8849 had been transferred by insured Himmat Singh prior to the accident, several persons were allowed to sit by him in the truck against the terms and conditions of the policy and the insurance company could at the most be liable to pay Rs. 5,000 in each case and not to the extent of Rs. 50.000/ -.