( 1 ) THIS order shall also govern the disposal of Misc. Appeal No. 28/84 (United India Insurance Co. v. The Manager Adim Jati Seva Sahakari Samiti and others ).

( 2 ) THIS appeal has been filed by the owner of the truck bearing registration No. MTS-6911 against the Award dated 5-10-1983 passed in Claim Case No. 20 of 1982, whereby the learned Tribunal has awarded Rs. 15,235. 33 p. as compensation together with interest for loss of 125 bags of fertilizer which were completely damaged as a result of overturning of the truck due to rash and negligent driving by its driver.

( 3 ) IT is not disputed that on 23-11-1981 two hundred bags of chemical fertilizer were being carried for the owner-consignee of the goods viz. , the claimant-respondent-Cooperative Society from Sendhwa to Pansemal and that the truck carrying the goods turned turtle near Bamaniya Nala due to rash and negligent driving of the truck, as has been held by the learned Tribunal. It is also not disputed at this stage that 125 bags of urea costing Rs. 15,235. 33 were destroyed having fallen in the Nala as a result of the accident. The owner of the truck in question was insured with the Insurance Company-respondent No. 4 in respect of the truck, to cover liability in respect of the accidents involving death or bodily injury to persons arising out of the use of the truck in question or damages to any property of a third party so arising. On a claim petition having been filed by the consignee-co-operative society, the learned Tribunal, on appreciation of evidence adduced in the case, found that the truck-owner and the driver were jointly and severally liable to pay compensation for the damages to goods amounting to Rs. 15,235. 33 p. with interest amounting to Rs. 772. 18 and out of this amount, the Insurance Company was held liable to pay Rs. 2,000/- which was the limit of its liability according to the insurance policy. Being aggrieved by the Award, the owner of the truck has filed the present appeal and the Insurance Company has filed the connected appeal No. M. A. No. 28/84.

( 4 ) THE contention of the learned counsel appearing on behalf of the appellant is that the appellant-owner of the truck was not liable for the damage or loss caused to the consignment of fertilizer bags in the accident as the goods were carried on the risk of the owner of the goods viz. , Aadim Jati Sewa Sahakari Sanstha as per the terms of the contract for transport of goods printed on the back-side of the transport-receipt dated 23-11-1981 (Ex. P-1 ). The learned Tribunal has considered this contention and-has held that since the printed terms recorded on the receipt overleaf (Ex. P -1) issued on behalf of the truck owner, were not brought to the notice of the owner of the goods viz. respondent-co-operative society at the time of booking the same, cannot be held binding on it. The learned Tribunal has, therefore, awarded compensation of Rs. 15,235. 33 being the value of fertilizer bags which were completely damaged on account of the accident during the transit of goods. The Insurance Company has been held liable to indemnify the insured appellant-truck-owner to the extent of Rs. 2,000/- under S. 95 (2) (d) of the Motor Vehicles Act (hereinafter referred to as 'the Act' ). The learned Tribunal, in my opinion, is right in holding in the circumstances, that the goods were not carried on owner's risk and the truck owner was liable for the damage to their property as a result of the accident caused by rash and negligent driving of the truck driver. ( 5 ) BUT the main contention of the learned counsel for the appellant-truck-owner in this appeal as well as the learned counsel for the Insurance Company in the connected Misc. Appeal No. 28/84 which has been filed by the Insurance Company, is that whereas the claimant owner of the goods could have filed a civil suit for damages against the owner and driver of the truck, no claim petition was maintainable by the Claims Tribunal under the