S.S.JHA, SHEELA KHANNA, J. - (1.)This appeal is filed by the claimants for enhancement of compensation and against the finding of the Claims Tribunal holding that insurance company is not liable to indemnify the insured on the grounds mentioned in the order.
(2.)Counsel for the appellants submitted that since the deceased was travelling with his own goods in the said truck, therefore, insurance company is liable to indemnify the insured. Counsel for appellants read evidence on record and while reading evidence of Angrez Singh, AW 1, she referred para 3 of the deposition. In para 3, it is deposed that his father deceased Joginder Singh has purchased clothes for marriage and tin of ghee and was travelling with his goods in the truck and truck turned turtle on way. He died on the spot in the accident.
(3.)Counsel for the appellants submitted that since deceased was travelling with his own goods, therefore, insurance company is liable to indemnify the insured. Claims Tribunal has committed error in holding that the insurance company is not liable to pay compensation jointly and severally with the owner and driver of the vehicle. Karnail Singh, PW 3, has deposed that they were standing at Chandrabadani Naka waiting for a bus. Driver Jaswant Singh and Balwant Singh came on the spot driving truck bearing registration No. 13-E 993 then he said that number of truck was 944. He inquired from truck driver about its destination and he was informed that the vehicle is going to Guna, then fare was settled at Rs. 400 and some luggage was kept in the truck on the back side and some goods were kept by the passengers with them and they sat by the side of driver. Truck was driven by the deceased Jaswant Singh. This witness has deposed that on payment of Rs. 400 all of them boarded the truck along with their goods.