SHANTILAL Vs. KUNTI DEVI

JUDGEMENT

(1.) A brief background leading to these appeals is that on 14/9/2001, certain people were travelling on a utility vehicle bearing Registration No. RJ-19-1-G1355. Near Village Devi Koat, due to rash and negligent driving, the utility vehicle dashed against a big stone with its rear wheel and the tyre burst. Consequently, the vehicle turned turtle and the people travelling therein sustained injuries. One Kachhu Ram, aged about 60 years, by profession a Tailor also sustained injury and died. The dependents of Kachhu Ram filed Motor Accident Claims Case No. 10/2002 before Motor Accident Claims Tribunal, Jailsalmer. Injured Mukesh filed Motor Accident Claim Case No. 8/2002. The learned Tribunal made award of Rs.1,40,000.00 along with 9% interest in favour of dependents of Kachhu Ram and award of Rs.14,000.00 for injuries to Mukesh. It is relevant to mention here that some other claim petitions were also decided by the impugned judgment dtd. 2/12/2003, as they were also related to the injureds travelling on the same utility vehicle.

(2.) However, the Tribunal found that since a goods vehicle was carrying passengers, it violated the terms of the policy. As such, the insurer was held not liable to pay the compensation rather, owner of the vehicle was held liable. The owner of the vehicle in both the aforesaid claim cases have challenged, the aforesaid finding of the Tribunal that insurer is not liable, in these appeals.

(3.) Learned counsel for the appellants contends that the accident took place due to bursting of tyres of the vehicle in question and not due to negligence, hence the Tribunal wrongly exonerated the insurer of the liability. Next contention is that owner had no knowledge that the driver who had gone to load goods in the vehicle was carrying passengers on that, therefore, owner should have been exonerated. Moreover, under Sec. 150 of the Motor Vehicles Act, the insurer is bound to satisfy the award in favour of a third party for the injuries or death sustained during the accident.