A.S.Chandurkar, J. - (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, the said Act) has been preferred by the claimants challenging the judgment of the Claims Tribunal in proceedings under Section 166 of the said Act whereby they have been held entitled to receive compensation of Rs.1,53,000/- from the driver of the offending vehicle after exonerating the insurer of the vehicle.
(2.) The facts in brief are that the son of the claimants Manoj was doing the business of purchase of goats and sale of meat. On 30/11/1998 said Manoj boarded a jeep which was owned by respondent No.1 herein and was insured with the respondent No.3. Said vehicle was being driven by respondent No.2. The jeep met with an accident and turned turtle resulting in fatal injuries to Manoj. Hence compensation of Rs.3,50,000/- was sought under provisions of Section 166 of the said Act. In the written statement filed by the owner of the vehicle, it was pleaded that the driver of the vehicle had been specifically instructed not to carry passengers or permit any goods to be transported. In breach of those instructions the driver had carried passengers. Hence no liability could be saddled on the owner. The driver of the vehicle remained ex-parte. The Insurance Company in its written statement pleaded that the vehicle insured was registered as a private vehicle and had a sitting capacity of 9 + 1. Transportation of animals and excess passengers was not permissible under the policy. It was thus pleaded that the Insurance Company was not liable to pay the compensation.
(3.) Before the Claims Tribunal the parties led evidence. The claimant No.1 examined herself and the owner of the vehicle also entered the witness box. After considering that evidence on record the Claims Tribunal held that the driver of the vehicle in breach of specific instructions issued by the owner of the vehicle had carried excess passengers as well as animals therein. Since this act of the driver was beyond the scope of employment of the driver, the owner was not liable for the act of the driver. The owner of the vehicle and consequently the Insurance Company were exonerated. Compensation of Rs.1,63,000/- was directed to be paid by the driver of the vehicle. Being aggrieved the claimants have filed the present appeal.;