- (1.) Owner and driver of vehicle, the appellants herein, seek to challenge the judgment dated June 26, 2004 of the Motor Accident Claims Tribunal (Fast Track) No. 3 Jaipur District whereby the Insurance Company although was exonerated from the liability, the appellant were directed to pay compensation to the claimant respondents.
(2.) As many as five claim petitions were filed before the Tribunal with respect of accident occurred on August 25, 1996 while Truck No. RJ-14G-2496 met with an accident. In the said truck Prabhu Narain, Babu Lal, Premji Lal, Panchu Ram and Mohan were going to Khatu Shyamji for the purpose of unloading goods of tent house. When the truck reached near village Hadota, a camel cart came from the opposite side and in order to save it form collusion the truck got down of the road and hit a tree resulting in death of Prabhu Narain and Mohan Lal. Dependents of Prabhu Narayan and injured persons approached the Tribunal by way of claim petitions. The appellants submitted reply to the claim petitions stating therein that since the deceased and the injured persons were the labourers, the appellants were not liable for the compensation. The Insurance Company filed separate reply with the averments that the deceased and injured persons were unauthorised passengers and were going to attend religious funtions, therefore, liability on the Insurance Company could not be fastened. On the basis of pleadings as many as five issues were framed. Six witnesses were examined by the claimants but nobody appeared in the witness box on behalf of the appellants and the Insurance Company. On hearing final submissions the Tribunal decided the petitions as indicated herein above.
(3.) Assailing the findings of Tribunal learned Counsel for appellant made following submissions: (i) There was no negligence on the part of driver at the time of accident. The accident occurred while a camel cart came from opposite side and in order to save it, the truck got down of the road and dashed against a tree. (ii) The Tribunal has wrongly placed reliance on the statements recorded by police under Section 161 Cr.P.C that there were 40-50 passengers, while none of the witnesses of claimants had stated so. (iii) The deceased and injured persons were labourers and they were travelling in the truck for the purpose of loading and unloading the articles of tent house. (iv) There was no objection by the Insurance Company with regard to breach of condition of policy. The Insurance Company also failed to prove any beach of condition of the policy. (v) The Tribunal failed to consider the fact that the passengers were travelling for the purpose of loading and unloading and it cannot be held that the terms and conditions of the policy of insurance has been willfully violated.;