UNITED INDIA INSURANCE CO LTD Vs. SILWANTI LAKRA

JUDGEMENT

(1.) THIS appeal, by the appellant - Insurance Company, is directed against the judgment and award dated 12-5-2000 passed by Motor Accident Claims Tribunal, Gumla in MJC Case No. 20/95, whereby he has held that the appellant - Insurance Company is liable to pay compensation amount.

(2.) THE facts of the case lie in a narrow compass. The claimants - respondents filed the claim application for payment of compensation on account of death of the deceased in a motor vehicle accident. The claimants' case is that the deceased was travelling on the truck on 30-11-1994 and because of rash and negligent driving of the truck by the driver accident took place, as a result of which many persons including the deceased sustained injuries. A criminal case was instituted being Bishunpur P. S. Case No. 59/94. The respondent - owner of the truck neither appeared nor contested the case. The appellant - Insurance Company contested the case on various grounds including that the truck in question is goods carrying vehicle but it was carrying passengers at the relevant time when the deceased along with other persons were travelling as passengers. Hence the Insurance Company has no liability for payment of compensation.

(3.) FOR better appreciation, paras 8, 9 and 10 of the judgment passed by the Tribunal is worth to be quoted herein below :