The owner/agent of the goods accompanying the goods and travelling in the goods vehicle, which met with an accident, in which the owner/agent of the goods sustained fatal injuries, would be deemed to be a passenger, who was travelling with the goods in a goods vehicle as a passenger carried for reward or by reason or in pursuance of a contract of employment.

Y.B. Suryavanshi, J.

1. The appellants/claimants have preferred this appeal under Section 110-D of the Motor Vehicles Act against the award, dated 22.2.1988 passed in Claim Case No. 163 of 1987 (old No. 164 of 1978) by Mr. S.L. Jain, 5th Additional Motor Accidents Claims Tribunal, Indore, whereby the entire claim of Rs. 1,00,000/- has been dismissed on the ground that the accident, namely, the death of the deceased Poonamchand, was caused due to contributory negligence of both the drivers of the vehicles involved, i.e., the bus and the truck and the claimants are not entitled for any compensation because the deceased Poonamchand was himself negligent in sitting on the right side of the driver's seat

2. At this stage, it is not in dispute that the claimants, namely, Hullanbai, Yashodabai and Laxmibai (then aged 1 year) are, respectively, the mother, widow and daughter of the deceased Poonamchand, who died in an accident at about 9.15 p.m. on 18.8.1978 on the Agra-Bombay Road. The truck CPB 6068 is owned by respondent No. 1, Jagdish Prasad and at the relevant time, it was driven by his driver respondent No. 2, Ramsingh alias Anokhilal. The truck was then insured with respondent No. 3, New India Assurance Co. Ltd. under insurance policy Exh. 3 (NA-1). The bus CPE 8819 belongs to the M.P. State Road Transport Corporation. At this stage, it is also not disputed that the accident occurred when the bus on the said Agra-Bombay Road was proceeding from Indore direction towards Dewas and was near about the Suhag Hotel and Sanghi Colony. The bus was driven by Chandansingh. The truck from the direction of Dewas proceeding towards Indore was driven by Ramsingh alias Anokhilal, respondent No. 2. There was an accident but the

3. According to the claimants, the truck as well as the bus were driven rashly and negligently at a high speed. The deceased Poonamchand, who was in the truck, fell down when the two vehicles collided and he fell down between the two vehicles and died on the spot The deceased Poonamchand was 25 years old and was working as an operator at Sonali Plastics on a blowing machine at Indore and his monthly income was Rs. 600/-. The report about the accident was lodged at Police Station Palasia. Dr. Mehta performed the autopsy at the M.Y. Hospital, Indore. The claimants had claimed Rs. 1,00,000/- as compensation for the death of Poonamchand.

4. The truck driver Ramsingh alias Anokhilal and the truck owner Jagdish Prasad filed separate written statements, but their common case is that the said bus was driven rashly and negligently at a high speed by its driver Chandansingh. While denying that the deceased fell down from the truck, they stated that at the time of accident, "a person came across in the front and was hit by the bus." For want of knowledge, other averments were denied as also the claim.

5. According to the written statement on behalf of the insurance company, its main contention is that Ramsingh alias Anokhilal was neither driving the insured truck, nor was he then in the employment of his master; the truck was driven by a person who was intoxicated and also did not hold a valid driving licence under the Motor Vehicles Act. While denying rashness or negligence attributed to the insured vehicle, it is stated, in the alternative, that the deceased unautho-risedly sat in the truck and was a 'gratuitous passenger' not entitled to any relief under the terms of the insurance policy and that its liability was even otherwise limited to Rs. 50,000/-.

6. According to the joint written statement filed by the General Manager of the M.P. State Road Transport Corporation and its driver Chandansingh, the bus was not driven rashly or negligently, as alleged. On the other hand, the accident occurred entirely due to the negligent and rash driving by the truck driver, who had further driven it on the wrong side. They further stated that the bus was driven at a slow speed and cautiously on its left side; and on approach of the truck