- (1.) IN this appeal the appellant -insurance company has challenged the judgment and award passed by 1st Additional District Judge -cum -Motor vehicle Accident Claims Tribunal, Gumla by which the Court below has awarded a sum of Rs. 30,000.00 for the injury sustained by the claimant under the Motor Vehicle Accident.
(2.) THE case of the claimant was that he was traveling on a truck as a labourer for loading and unloading of Boxite. On the way the truck met with an accident and claimant sustained injuries. The owner of the vehicle filed written statement supporting the case of the claimant. The Tribunal after findings the evidence adduced by claimant came to the conclusion that the claimant was traveling as labourer in the said vehicle which met with an accident. Considering the nature of the injury sustained by claimant, a sum of Rs. 30,000.00 has been awarded.
(3.) MR . Alok Lal, learned Counsel appearing for the Insurance Company assailed the impugned order on the ground, utter alia, that the claimant was a gratuitous passenger and not a labourer covered under the policy and, therefore, the Insurance Company has no liability. From perusal of the impugned Judgment It does not appear that Insurance Company led evidence to prove that the claimant was traveling as a passenger and not as a labourer. No evidence was adduced by the appellant -Insurance Company to substantiate its stand that the claimant was traveling as a passenger. In absence of any such evidence, we are unable to reverse the findings recorded by the Tribunal on the, issue as to whether the claimant was traveling as a passenger or as a labourer particularly when the owner of the vehicle supported the case of the claimant.;