- (1.)BY invoking the jurisdiction of this court under section 96 of the Civil Procedure Code this first appeal has been filed by New India assurance Co. Ltd. challenging the judgment and award passed by the Claims Tribunal under section 110-A of the Motor Vehicles act, 1939 (for short 'the M. V. Act')directing the insurance company as well as the owner of the motor vehicle involved in the accident to pay jointly and severally the amount of Rs. 17,000 to the applicants together with interest at the rate of 12 per cent per annum from the date of application till realisation.
(2.)RELEVANT facts are required to be stated as under: the accident occurred on 25. 1. 1982. Sher Ali died as a result of an accident arising out of the use of motor vehicle, i. e. , truck bearing No. MHG 7622. This truck was hired by the deceased for carrying iron rods, sheep and goats. He along with goods, was travelling in the truck which was scheduled for Nagpur. When the truck reached near Shahapur bridge, it turned turtle as a result of which Sher Ali and his master Sheikh Hamid died in that accident. So also 36 out of 55 sheep and goats also succumbed to the injuries and remaining 19 sheep and goats sustained injuries. It is contended that the truck bearing No. MHG 7622 is owned by the respondent No. 4 mohansingh Punjabi and the said motor vehicle is said to have been insured with the appellant. The respondent Nos. 1, 2 and 3 are the legal representatives of the deceased who had filed claim petition before the Tribunal.
(3.)THE contention of appellant before the Tribunal was that the truck bearing no. MHG 7622 was carrying unauthorised passengers in the goods vehicle against the terms and conditions of the insurance policy and also sheep and goats were being carried without obtaining special permit for carrying such animals as is required under the Motor Vehicles Act and, therefore, the insurer cannot be held liable for any compensation. The parties adduced the evidence before the Tribunal and by the order dated 18. 12. 1989, the Tribunal allowed the claim petition and directed the insurance company, driver and the owner of the motor vehicle to pay jointly and severally the amount of compensation of rs. 17,000 with interest at the rate of 12 per cent per annum from the date of application till realisation. This order is under challenge in this appeal.