- (1.) RAJEEV Gupta, C. J. Mr. Rajendra Dobhal, Advocate on be half of Mr. Lokendra Dobhal, learned counsel" for the appellant. Mr. Deepak Rawat, Advocate for re spondents Nos. 1 to 8. None for respondent No. 9. Mr. R. B. Aggarwal, Advocate for re spondent No. 10 New India Insurance Company Ltd. They are heard.
(2.) THIS is owner's appeal against the impugned award dated 22-02-1985 passed by Motor Accident Claims Tri bunal (Special Judge), Nainital in Mo tor Accident Claim No. 53 of 1981. The claimants claimed compen sation of Rs. 3,26,400/- (Rupees Three Lakhs Twenty Six Thousand and Four Hundred only) for the death of one Munne Khan in the motor accident on 18-12-1980 when the Truck bearing registration No. UPM 9532, in which he was travelling, overturned due to the rash and negligent driver of its driving resulting in his instantaneous death on the spot, itself. The claimants further pleaded that Munne Khan used to earn Rs. 800/- per month by selling milk. The owner of the offending vehicle Truck (appellant) contested the claim and pleaded that deceased Munne Khan was not an occupant of the Truck and as the Truck was insured with the New India Insurance Company Ltd. , the owner was not liable to pay compensation to the claimants.
(3.) THE insurer of the Truck i. e. New India Insurance Company Ltd. too con tested the claim and pleaded that though the Truck was insured with this Insurance Company, but it was not li able to pay any compensation to the claimants, as the deceased was a gra tuitous passenger in a goods' vehicle. It was further pleaded that the driver of the Truck was not 'holding a valid li cense at the time of the accident. The claimants examined PW1 Munni Begum (widow of deceased Munne Khan) and PW2 Mahendra Singh (who too was travelling in the said Truck with deceased Munne Khan) in support of their case, whereas the owner of the offending vehicle Truck examined DW1 Narayan Mathur in support of his plea. The Insurance Company, however, did not examine any witness.;