MAHABIR PRASAD AGARWALLA Vs. JIBAN CHANDRA HAZARIKA AND ANR.

JUDGEMENT

(1.) THE short question that arises for determination in this appeal filed by Mahabir Prasad Aggarwala under Section 110 -D of the Motor Vehicles Act, 1939 hereinafter called "the Act" is whether the Motor Accidents Claims Tribunal, Dibrugarh, was justified in its conclusion recorded in its award dated 10.1.1970, that the Commonwealth Assurance Co. Ltd., Calcutta was not liable to pay any part of the compensation, adjudged at Rs. 4,000/ -, made payable to Jiban Chandra Hazarika in respect of the death of the latter's son Girish Chandra Hazarik who died on 25.1.1967 in a truck accident.

(2.) ACCORDING to the findings reached by the Tribunal the Truck No. ASE -2239 belonging to Mahabir Prasad, the Appellant herein, was hired by about 52 students, both boys and girls, for a picnic party. The truck was driven by a driver of Mahabir Prasad when on its return journey from Dillighat, where the picnic was enjoyed, to Morahant from where the truck was engaged, it turned turtle while negotiating a bend on account of rash and negligent driving. A number of students were thrown out of truck but the unlucky Girish Chandra Hazarika was buried under the truck and crushed to death at the spot. The claimant Jiban Chandra Hazarika impleaded Mahabir Prasad, the owner of the truck, as also the Insurance Company in the claim petition. The total claim made was for Rs. 25,000/ -.

(3.) THE Presiding Officer of the Tribunal fixed the total Compensation at Rs. 4,000/ - but made it payable exclusively by Mahabir Prasad. In his opinion the company was not liable since the truck was permitted to be used, in terms of the Insurance Policy, under the Private Carrier Permit within the meaning of the Act, and the policy did not cover use of the truck on hire and that the deceased was carried as a passenger in the truck against the payment of hire.