G.M. Lodha, J. - (1.) THIS appeal was referred to the larger Bench and now according to the judgment delivered by the Full Bench in Santra Bai v. Prahlad : 1985 ACJ 762 (Rajasthan), the following principles are well settled: (i) in case of a gratuitous passenger going on joy -ride or on his own responsibility, insurance company is not liable; (ii) in case of passengers carried for hire or reward or by reason of or in pursuance of a contract of employment in any vehicle, the insurance company is liable. This would include owner of the goods as well as his employees; (iii) the insurer shall not be liable to cover liability in respect of employee of the insured in respect of the death of or bodily injury to, any such employee arising out of and in the course of his employment other than a liability arising under the Workmen's Com pen sat on Act, 1923, if such employee is (a) engaged in driving such vehicle, or (b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on I he vehicle, or (c) if it is a goods vehicle being carried in the vehicle; (iv) the insurer shall not be liable to cover any contractual liability.
(2.) IN the present appeal in hand the deceased was the owner of the goods which were being carried in the goods vehicle. It is common ground that the principle No. (ii) would apply to the present case because the deceased was; the owner of the goods and it has been included in category No. (ii) of the Full Bench deductions. Consequently, the insurance company in the present case would also be liable to make the payment to the extent of the liability. It is common ground that the liability of the insurance company can be upto Rs. 50,000/ - as per the policy. Now coming to the question of quantum of compensation, the Tribunal has allowed Rs. 30,000/ - after computing the compensation as Rs. 45,000/ - and making deduction of Rs. 15,000/ - from Rs. 45,000/ -.
(3.) I have held in a series of cases that, no deduction can be made for lump sum. Consequently, the amount of compensation computed by the Tribunal as Rs. 45,000/ - cannot be reduced.;