PANKAJ KUMAR MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The owner of vehicle has preferred the appeal against the award of compensation under Sec. 166 of the Motor Vehicle Act, 1988 for a sum of Rs.4,94,500.00 with interest @ 6% per annum.

(2.) The facts of the case are not much in dispute. The appellant is the owner of the vehicle of the truck bearing registration no.JH 02E 1248 which met with an accident and two laborers who were travelling in the truck, died in the said accident.

(3.) The claim case was preferred by the legal heirs and the dependents of the deceased impleading the owner of the vehicle, driver and insurer of the vehicle. The learned Tribunal while awarding compensation saddled the owner with liability by recording a finding of fact that the driver of the offending vehicle was not having a valid driving license therefore, there was breach of terms and conditions of insurance policy. The instant appeal has been preferred by the owner inter alia on the ground that the laborers were travelling as representative of goods, were not gratuitous passengers and therefore, he was covered under the third party liability. So far, license of the driver is concerned, it is submitted that Xerox copy of the driving license was not produced before the Tribunal.