IMPORTANT POINT
The liability of the insurance company under the Motor Vehicle Act and the coverage of risk for helper/cleaner under the insurance policy were the central legal points established in the judgment.

ORDER :

1. This appeal under Section 173 of the Motor Vehicle Act, 1988 (for short ‘the Act’) has been preferred by the appellants/driver & owner against award dated 23.3.2023 passed by Upper Motor Accidents Claims Tribunal, Surajpur Distt. Surajpur in Motor Accident Claim Case No.151/2021.

2. By the impugned award, the Claims Tribunal allowed the claim petition filed by the claimant and awarded a total sum of Rs.14,81,200/- in favour of respondent No.1/claimant and respondent No.3 on account of death of Dharmjeet, who was son of respondent No.1 and husband of respondent No.3, in an accident occurred on 03.3.2021 by rash and negligent driving of the offending vehicle Pick-up van, bearing registration No.CG 29 AD 2845, by appellant No.1, owned by appellant No.2 and insured by respondent No.2./Insurance company. However, insurance company has been exonerated by the Tribunal, holding that there is breach of policy condition.

3. As per the pleading of the claim petition, the deceased Dharmjeet, aged about 20 years, was working as a helper/khalasi in a Pick-up van bearing registration No.CG 29 AD 2845 owned by appellant No.2. On 03.3.2021 as per the instruction of the owner, the deceased along with his friend Sunil Singh were going to village Asura along with goods in the said Pick-up Van. The deceased was sitting in the back of the vehicle and at about 2.00 pm, when they reached Surajpur main road near village Asura, the vehicle met with an accident by the rash and negligent driving of the driver/appellant No.1 and Dharmjeet/deceased fell down from the vehicle, due to which he sustained serious injuries and was hospitalized. During treatment he died on 04.3.2021.

4. Father of the deceased filed application u/s. 166 of the Act. Written statement were filed by non-applicants including appellants. The learned Tribunal framed issues, decided those issues in favour of the claimant and awarded aforesaid compensation. The learned Tribunal has fastened the liability upon the owner and driver of the offending vehicle on the ground that there was breach of condition of insurance policy, on the part of appellants, thereby exonerated the insurance company from its liability.

5. Learned counsel for the appellants submits that deceased Dharmjeet was working as a labour/helper in the offending vehicle and on the date of incident, he was going along with the driver in the aforesaid vehicle under the instruction of appellant No.2/owner. He would further submit that this fact has not only been pleaded and established by the claimant and his witnesses, rather in charge sheet also the police has stated that the deceased was working as khalasi in the offending vehicle. Despite that, the learned Tribunal has wrongly held that he was travelling as a gratuitous passenger in the said vehicle. He would further submit that the offending vehicle was insured vide package policy (Ex-NA-1), wherein, risk of the driver, cleaner, helper were also covered. Therefore, finding recorded by the learned Tribunal that, there is breach of policy condition, which is completely perverse and illegal and thereby the Tribunal has committed gross error in law by exonerating the Insurance Company. Hence, it is submitted by the counsel that the impugned award may be set aside to the extent of exonerating the respondent/insurance company from payment of compensation and shifting liability upon the appellants/owner & driver. Consequently, it is prayed that the appeal may be allowed and the liability of payment of compensation, as awarded by the Claims Tribunal, may be fastened upon respondent/insurance company.

6. Learned counsel appearing for respondent No.1/claimant extended his support to the contention made by learned counsel for the appellants. He would further submit that it has been proved by the claimant that the deceased was travelling in the offending vehicle as helper/cleaner and the policy issued to the vehicle was package policy, therefore, award passed by the Tribunal, exo