BABI BALA DEVI Vs. RAMLAL NONIA

JUDGEMENT

(1.) This appeal by the claimants-appellants is directed against the judgment and award dated 20.2.2007 passed by Motor Accident Claims Tribunal, Hazaribagh in Claim Case No. 186/2003, whereby the Tribunal dismissed the claim case holding that the claimants are not entitled to compensation.

(2.) The facts of the case lie in a narrow compass.

(3.) The deceased Rakesh Kumar Bhatt was the owner of the trekker bearing registration No.JH 10A-2721. The deceased along with his family members were travelling in the said trekker and were going to Deoghar from his house. The trekker was being driven by the deceased, who was the owner of the said vehicle. As soon as the vehicle reached at the place of accident, it turned turtle, as a result of which the deceased sustained grievous injuries and was declared dead in the hospital. The claimants, who are mother, brother and sister, filed claim case for grant of compensation. The respondent, with whom the vehicle was insured, contested the case by filing written statement challenging the maintainability of the claim case on various grounds. The case of the insurance company is that the vehicle was a commercial vehicle and the deceased himself was driving the vehicle at the time of accident and, therefore, the insurance company has no liability to pay compensation. Further case is that the insurance company is liable to pay compensation in respect of death and bodily injury to third party and not the owner of the vehicle, who himself was driving the vehicle.