Allahabad Court November 2001 Judgments

Oriental Insurance Co. Ltd. Vs. Pramila and ors.

Court: Allahabad

Reported in: 2003ACJ202

Sudhir Narain and V.M. Sahai, JJ.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Gorakhpur dated 30.8.2001 awarding a sum of Rs. 1,87,000 to claimants-respondents as compensation.2. The claim petition was filed by the claimants-respondents with the allegations that on account of the rash and negligent driving of the vehicle in question the accident took place resulting into the death of Ghutur.3. The matter was contested by the appellant on various grounds, one of which was that the driver had no valid licence and that the vehicle was a goods vehicle.4. We have heard Mr. V.C. Dixit, the learned Counsel for the appellant.5. The learned Counsel for the appellant urged that the vehicle in question was a goods vehicle and the owner of the vehicle was not entitled to take passengers therein and if the owner of the vehicle takes passengers the insurance company cannot be made liable to pay the amount of compensation to such persons who suffered injuries w...