Judgment:
Archana arora FAO No.303 to 305 of 1994 2014.02.04 17:47 I am the author of this document IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.303 of 1994 Date of decision January 29, 2014 Oriental Insurance Company ......Appellant Versus Lajpat Rai and others .......Respondents FAO No.304 of 1994 Oriental Insurance Company ......Appellant Versus Sh.
Kaka Ram and others .......Respondents FAO No.305 of 1994 Oriental Insurance Company ......Appellant Versus Man Singh and others .......Respondents CORAM: HON'BLE Mr.JUSTICE K.
KANNAN Present:- Mr.Rajiv Dhawan, Advocate for the appellant.
Mr.Nitin Jain, Advocate for the respondents.
Mr.Bhan Singh, Advocate for the claimants.
**** K.
Kannan, J (oral).1.
The appeals are at the instance of the Insurance Company challenging the issue of liability for claims arisen out of a motor accident when the persons who were travelling in the insured's truck had suffered injuries and there was one fatality as FAO No.303 to 305 of 1994 well.
The claim in FAO No.304 was of death of a person who was a labourer employed in the truck and the deceased husband Kaka Ram was the claimant.
FAO Nos.303 and 305 of 1994 are in respect of claims for injuries of persons who were travelling in the truck.
At the time of trial a common line of defence by the Insurance Company was that the persons travelling in the truck were fare paying passengers in a truck for whom there existed no coverage of risk through the policy.
It was elicited in evidence of the driver that he was not taking any hire charges from any of the persons but the claimants Man Singh and Lajpat Rai were, however, in the truck when their goods namely vegetables which they claimed that they were transporting through the truck.
They have suffered injuries.
They themselves gave evidence to the effect that they were not labourers in the truck but were transporting their own goods.
2.
A provision for compulsory coverage for owners of goods travelling along with the goods came to be introduced by an amendment of Section 147 by Act 54 of 1994 that came into effect on 14.11.1994.
The accident was admittedly prior to the said date.
I have seen through the policy and it admits of coverage only to labourers up to four numbers and two paid persons including driver.
The coverage was for six persons.
They could have therefore best covered only the risk to the death of one of the persons in the truck for whom a claim had been made by Kaka Ram which is subject of appeal in FAO No.304 of 1994.
The provision for indemnity given by the Tribunal for compensation awarded for injuries to Lajpat Rai and Man Singh was erroneous and FAO No.303 to 305 of 1994 they are set aside.
3.
The appeal by the Insurance Company as regards the assessment of compensation for Kaka Ram in FAO No.304 of 1994 is dismissed.
4.
FAO Nos.303 and 305 of 1994 are allowed excluding the liability of the Insurance Company.
The insurance Company in so far as it states that they have already satisfied the awards, they will have a right of recovery against the owner in execution proceedings.
(K.
KANNAN) JUDGE January 29, 2014 archana