NATIONAL INSURANCE CO. LTD. Vs. KAMLA BAI

JUDGEMENT

(1.) 1. The insurer National Insurance Company Ltd. being aggrieved by the award dated 27.2.1998 passed by the Motor Accident Claims Tribunal, Mandla in MVC No. 8/93 has filed this appeal u/s 173 of the Motor Vehicles Act, 1988.

(2.) THE only ground on which the appellant assails the award is that the deceased at the time of accident was travelling in a truck as a passenger and was therefore not covered by the policy as the truck was insured as a goods carrying vehicle and therefore, the policy issued by the insure appellant did not cover the risk or liability in respect of a fare paying passenger in such a truck. It is also submitted on behalf of the appellant that there is cogent and definite evidence on record to indicate that the deceased had paid fare for boarding the truck and therefore, the finding recorded by the Tribunal to the contrary is perverse and deserves to be set aside.

(3.) A perusal of the evidence of CW -2, Babulal Sahu who was travelling in the truck, it is apparent that all persons travelling in the truck had paid fare, while CW -3, Prabhu Dayal who was driving the vehicle has stated that no fare was charged from the deceased Puranlal but he has clearly admitted and clarified that passengers were being carried in the truck although it was a goods carrying vehicle. In the circumstances, we are of the considered opinion that passengers with or without fare were being carried in the truck which is a goods carrying vehicle and therefore there was a breach of the insurance policy.