SABINA,J. - (1.) Appellants have filed this appeal challenging the award dated 13.06.2007 passed by the Motor Accident Claim Tribunal, whereby, the Insurance Company was exonerated from indemnifing the insured.
(2.) Learned counsel for the appellants has submitted that the Tribunal has erred in exonerating the Insurance Company from indemnifing the insured. In-fact, the owner had sought own damage claim from the Insurance Company and the same had been allowed by the Insurance Company Rs. 62,300/- had been paid to the owner towards own damage claim liability. Learned counsel has further submitted that as per the insurance policy Exhibit-A-1, premium had been paid to cover the risk of bodily injury etc. to the driver, other employee travelling in connection with the operation or maintenance or unloading of the motor vehicle. Premium had also been paid for non fare paying non passengers. It was the case of the claimant before the Tribunal that the appellant and his son were travelling in the vehicle in question for the purposes of unloading the vehicle as they had been assured that they would be paid Rs. 100/- each for the said purpose. In the alternative appellants could have been treated as a non fare paying passenger.
(3.) Learned counsel for respondent No. 1 has opposed the appeal and has submitted that in the claim petition, it was not stated by the claimant that he was travelling in the truck for the purposes of unloading. Owner of the vehicle had denied that the claimant was his employee. Even in the FIR, it had not been stated by the son of the claimant that he was travelling in the vehicle along with his father for the purposes of unloading the same on payment basis. As per 37.A Indian Motor Tariff, a non fare paying passenger could be the only person, who was travelling in the vehicle in connection with the journey in one form or the other.;