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1998 DIGILAW 503 (RAJ)

Oriental Insurance Co. v. Madu

1998-04-06

P.C.JAIN

body1998
JUDGMENT 1. - Heard. I have also perused the impugned order. 2. On 11.12.1995, Shri Manalal, driver, was driving vehicle No. DJQ-8558 for coming to Barmer. On the way he stopped the truck at a hotel and took a passenger Limbaram on payment of fare of Rs. 10/-. After going a little farther he applied the break suddenly as a result of which the truck overturned resulting in the death of Limbaram. The claim petition was filed on behalf of Shri Limbaram by the claimants. The learned Motor Accident Claims Tribunal, vide order dated 1.10.1997, passed an award of Rs. 1,55,000/- against the appellant and respondents No. 2 & 3 jointly and severally. The only ground on which the above award has been assailed is that there was no liability of the appellant inasmuch as the deceased was a passenger in the above vehicle which was a goods carrier. In such a case, the appellant was not responsible to indemnify the claimants. 3. In view of the D.B. Decision of this High Court in United India Insurance Co. Ltd. v. Smt. Ladhu Devi & Ors., 1998 (1) WLC (Raj.) 58 , the appeal has got no merit and is hereby dismissedAppeal Dismissed. *******