The New India Assurance Company Ltd. vs Smt. Prem And Ors. Etc. on 10 September, 1997
There is a latest decision of a Division Bench of this Court which has not yet been reported which has been relied upon by the learned Counsel for the appellant i.e. M.A. No. 949 of 1996 decided on 11-4-1997 (Shankar Prasad v. Smt. Maltidevi). In that case the deceased was also travelling in the loaded truck. On the way the truck turned turtle asa result of which he died. The claim was contested by the owner as well as by the insurer. The insurer disowned its liability. This question was considered by the Court and after considering the law on the subject and the facts and that case it was held that it was not a case of lifting one or two persons and the claim relates to the person who died i n accident and the vehicles was being used for the purpose other than the purpose it was adapted for its use and such passengers were carried in breach of the terms of the policy. As the passengers could not have been lawfully carried or permitted to travel in the goods vehicle the Tribunal rightly absolved the insurerfrom its liability as the appellant permitted the use of the vehicle as a public service vehicle. Thus, in the present case also as the vehicle involved was admittedly public carrier for carrying goods and several persons were being carried in breach of me policy, the insurer cannot be held to be liable in view of the aforesaid authority. I, therefore, agree with the learned Counsel for the appellant on this ground as well.