M.Y.Eqbal, J. - (1.) This appeal is directed against the judgment and award dated 6.3.2008 passed by the Claims Tribunal, Hazaribagh in Claim Case No. 129 of 2003 whereby he assessed the compensation of Rs. 3,19,500 and directed the appellant insurance company to pay the said amount holding that the insurance company is liable.
(2.) The facts of the case lie in a narrow compass: The claimants-respondents filed the aforementioned case for the grant of compensation for death of one Basant Mahto in a motor vehicle accident. According to the claimants, on 6.5.2003, the deceased was travelling in Tata 407 truck bearing registration No. BR 13-G 5561 which met with an accident and the persons sitting in the vehicle sustained injuries and were brought to hospital. The deceased was one of the passengers died on the spot. The claimants stated that the deceased boarded the vehicle at Ichak More for going to Gaya as the deceased was dealing in wholesale business of vegetables.
(3.) The respondent owner of the vehicle filed written statement admitting himself to be the owner of the vehicle. It was stated that the vehicle was insured with the appellant National Insurance Co. Ltd. on the alleged date of accident. Hence, the insurance company is liable to pay compensation. Appellant insurance company contested the claim by filing written statement. The case of the insurance company was that the vehicle in question was a goods carrying vehicle and was not meant for carrying passengers. The insurance company is, therefore, not at all liable to pay any compensation.;