- (1.) Since common question of law and facts are involved in these two appeals, they have been heard together and are disposed of by this common order.
(2.) The appellant in both the appeals is the owner of the vehicle which is a truck. The facts of the case is that several persons boarded a loaded truck which met with accident causing death and injury to several persons. The Tribunal found that the owner of the truck violated the terms and conditions of the insurance policy by allowing persons to travel in a goods carrying vehicle and, therefore, saddled the owner of the vehicle with the liability to pay compensation.
(3.) Similar appeal arising out of the same accident was filed by the present appellant, being the owner of the vehicle, being M.A. No. 386/ 2007. Dismissing the said appeal this Court held as under: "As noticed above, the truck was loaded with stone boulders and 12-13 persons as labourers were already sitting on the truck. The deceased along with other persons boarded the truck which was carrying boulders. Neither the Statute nor the condition of the policy permits the owner or the driver of the vehicle to allow any person other than the labourers in a goods carrying vehicle. Prima facie, therefore, there is statutory as well as contractual violation of the policy conditions. Even assuming that the Police Officer of Garu Police Station forced the deceased and other person to board the truck, on that ground the Insurance Company cannot be saddled with the liability for payment of compensation. In the case relied upon by Mr. Lal, the question which fell for consideration was as to whether driving a motor vehicle without any valid licence and without the knowledge of the owner of the vehicle, can be held to be a wilful violation. In our view, the principle laid down in the aforementioned case will not apply in the facts of the present case. After giving our anxious consideration to the facts and the law discussed above, we find no error in the finding recorded by the Tribunal to the effect that the Insurance Company has no liability in case of death or bodily injury to a person travelling in a goods carrying vehicle. This appeal has no merit which is, accordingly, dismissed.";