- (1.) HEARD the counsel for the appellant.
(2.) THIS appeal is directed against the judgment and award dated 31.8.2007 passed by Motor Vehicle Accident Claims Tribunal, Latehar in M.V. Claim Case No. 21/2005 whereby the Tribunal held the appellant liable to pay compensation and not the Insurance Company. The admitted facts are that the deceased alongwith many other persons was traveling in a truck which was fully loaded with boulders. The Insurance Company took defence that since the deceased was traveling in a goods carrying vehicle the Insurance Company has no liability. The Tribunal, on these facts, has record a finding that the amount of compensation is payable by the owner of the vehicle inasmuch as the Insurance Company has no liability in respect of death or bodily injury caused to a person traveling in a goods carrying vehicle. Hence his appeal.
(3.) MR . Arvind Kumar Lal, learned counsel appearing on behalf of the appellant assailed the impugned judgment and award as being erroneous in law. Learned counsel submitted that there has not been any willful violation of the terms of the policy contract by the appellant as because the deceased and other persons were forced to board the truck at the instance of the police of Garu Police Station. Learned counsel submitted that since the driver or the owner did not carry those persons including the deceased In violation of the insurance policy, the Insurance Company cannot disown its liability In this connection learned counsel relied upon a decision of the Uttranchal High Court in the case of Dayal Singh vs. Janki Devi [2007(1) TAC 366].;