UNITED INDIA INSURANCE COMPANY LIMITED Vs. LADHU DEVI

JUDGEMENT

(1.) This special appeal arises out of a judgment and order dated May 17, 1996 passed by a learned single Judge of our Court in S. B. Civil Misc. Appeal No. 226/96 upholding the award dated 24-1-1996 as passed by the Motor Accidents Claims Tribunal, Phalodi in MACT Case No. 78/94 whereby the Tribunal passed an award of Rs. 1,08,150/- in favour of the claimants and against the present appellant-United India Insurance Company Limited and the owner of vehicle, the respondent No. 3 - Gurnam Singh.

(2.) Before the learned single Judge, the appellant contended that since the deceased was a passenger in the vehicle which was a truck and the said truck was not authorised to carry, any passenger on payment of any fare and the insurance policy issued by the appellant- Insurance Company did not cover such type of risks, if the passenger died as a result of an accident, even though it is assumed that it was on account of rash and negligent act on the part of the driver, the appellant-Insurance Company could not have been made liable for the compensation as awarded by the Tribunal. It was further contended that the learned Tribunal Judge erroneously determined the income of the deceased to be Rs. 1000/- p.m.

(3.) It was an admitted position that the deceased was travelling in Truck No. PJT 5923 from Phalodi to Baap and he paid his fare to the driver of the truck for his journey. It was on account of the rash and negligent driving of the truck by its driver that the accident was caused as a result whereof the deceased Sohanlal sustained injuries and he died ultimately of the said injuries.