SHIV KUMAR SHARMA, J. - (1.) THE question of importance that arises in all these four appeals is, whether the insurance company is liable to pay compensation in respect of death of or bodily injury to any passenger travelling in a 'goods carriage' whether as a hirer or otherwise?
(2.) THE appellant herein was the registered owner of truck No. RSL 9917 duly insured with the United India Insurance Co. Ltd., the respondent No. 1 herein. The appellant herein was covered by the insurance policy for a period from 19.7.1989 until 18.7.1990. The policy was comprehensive in nature covering third party risk. During the subsistence of the policy, the vehicle of the appellant met with an accident on 16.6.1990 resulting in the death of Pappu alias Lala, Raghuvir, Kamla and Dhuri. Four claim petitions were filed by the dependants of the aforesaid four deceased persons. Motor Accidents Claims Tribunal, Karauli allowed the claim petitions and awarded compensation mention -id in the judgment to the claimants. The learned Tribunal exonerated the insurance company and fixed the liability upon the appellant to pay the aforesaid compensation. Hence these appeals. The only contention raised by the learned Counsel for the appellants is that vehicle in question was insured against the third party risk and the insurance company was liable to pay compensation jointly with the appellants.
(3.) MR . P.S. Shukla, the learned Counsel for the insurance company supported the judgment of the Tribunal and contended that under a motor vehicle insurance policy issued by an insurance company in conformity with Section 147 of the Motor Vehicles Act, 1988 the insurance company is not liable to pay compensation in respect of death of or bodily injury to any person travelling in a goods carnage as passenger whether as hirer or otherwise. Mr. Shukla, learned Counsel placed reliance on D.B. judgment of Karnataka High Court in Oriental Insurance Co. Ltd. v. Irawwa, 1992 ACJ 918 (Karnataka).;