KISHORI RAM GADIA Vs. MOSTT RASHIDAN BIBI

JUDGEMENT

(1.) THIS appeal by the owner under section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 20-7-2005 passed by VI Additional district Judge-cum-Motor Vehicle Accident claim Tribunal, Godda in Title Claim case No. 6 of 1998/18 of 2003, whereby compensation amount of Rs. 1,67,900/- has been awarded for the death oi the deceased rushtam Ali, who died in a Motor Vehicle accident and held that owner of the vehicle is liable to pay compensation but the amount of compensation shall be paid by the insurance Company and the same shall be recovered from the owner of the vehicle.

(2.) THE facts of the case lie in a narrow compass:-The widow, who is claimant filed application for the gront of compensation on account of death of her husband Rushtan ali in Motor Vehicle Accident caused by a truck bearing registration No. BRJ No. 4797. The claimant's case was that the deceased boarded the aforesaid truck at Bankamor for going to Hirapur. The truck was loaded with sand. On the way near a bridge the truck met with an accident, which caused death of the deceased.

(3.) BOTH the owner and the insurer of the truck appeared and filed written statement. In the written statement filed by the present appellant it was stated that deceased was not traveling on the truck, rather he was dashed by the truck on the road which resulted in his death. Hence, the Insurance company is liable to pay compensation. On the other hand, the case of the respondent insurance Company was that the truck was insured not for carrying passengers, rather it was a goods carrying vehicle. Since the deceased was travelling on the truck as a gratuitous passenger, Insurance Company cannot be held liable for payment of compensation. The Tribunal after considering the evidence both oral and documentary came to a finding that the deceased had boarded the truck for going to hirapur and on the way due to rash and negligent driving the truck loaded with sand titled down near a bridge, as a result of which deceased died. The Tribunal further held that since the truck in question is a goods carrying vehicle, the owner of the vehicle is liable to ay compensation