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 compensation of Rs. 3,19,500/ - and directed the appellant -Insurance Company to pay the said amount holding that the Insurance Company is liable to pay the same.
(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 the motor vehicle accident. According to the claimants, on 6.5.2003, the deceased was travelling in a Tata 407 truck bearing Registration No. BR -13G -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. 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 Company Ltd. on the alleged date of accident. Hence, the Insurance Company is liable to pay compensation. The 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.
(3.) THE Tribunal framed various issues including the issue with regard to liability of the Insurance Company. While deciding the question with regard to liability of the Insurance Company the Tribunal held as under: During the course of argument, the learned Counsel appearing on behalf of the Insurance Company has submitted that the alleged vehicle in question was meant for carrying goods and it was not a public carrier and the deceased had boarded in that vehicle, so the Insurance Company is not liable to pay any kind of compensation to the claimants. From perusal of the C.C. of FIR and C.C of charge -sheet of the Ichak P.S. Case No. 72/2003, it is proved that the deceased Basant Mahto died at the spot and other occupants sitting in the vehicle had sustained severe injuries. This fact has also been corroborated by the evidence of the witnesses produced on behalf of the claimants. It is the duty of the driver of the vehicle in question, not to allow the occupants to sit in the vehicle, but with the consent of the driver of the vehicle, the deceased and other occupants were travelling in the vehicle he was not merely a passenger to the said truck but has boarded the same for carrying vegetables and due to rash and negligent driving of the driver of the vehicle in question, the accident took place. So, this argument advanced on behalf of the learned Counsel of the Insurance Company is not sustainable and it is decided and held that the Insurance Company is liable to pay the amount of compensation to the claimants.;