SHISHIR KUMAR MANNA Vs. SATYABATI GORAI

JUDGEMENT

(1.) Appellant is the owner of the vehicle and is before this Court against award of compensation against him.

(2.) The main plea of the appellant is that the vehicle in question was admittedly under the insurance cover of M/s Oriental Insurance Company Limited (respondent no.5) which met with an accident involving Maruti Car registration no.BR 16 M 8303, whereas the vehicle was the pick-up van bearing registration no.BR 16E 4875.

(3.) It is argued by learned counsel on behalf of the appellant that it was the definite case of the appellant (defendant no.2) before the Tribunal that pick-up van was carrying goods and the deceased was travelling on the vehicle as a representative of the owner of goods. Applicant/witness no.1- Satyabati Gorain, who was one of the claimants, deposed that his son was travelling in the vehicle to deliver Company's goods from Birsanagar to Adityapur by the said pick-up van. No contrary evidence was led by the Insurance Company to establish that the deceased was not travelling with the goods, rather he was the cleaner of the said vehicle. Without recording a finding of fact that the deceased was travelling in the vehicle as a cleaner, learned Tribunal while deciding issue no.III, relied on the rejoinder filed by the Insurance Company and held that since it was a goods carrying vehicle, the deceased was travelling as a gratuitous passenger and therefore, the owner of the pick-up van cannot claim any coverage of indemnification from the Oriental Insurance Company Limited (opposite party no.4). For this reason, the liability was saddled on the owner of the vehicle who is appellant before this Court.