1. Heard learned counsel for the parties.
2. This appeal challenges Award dated 23.06.2014 made by the
Motor Accidents Claim Tribunal, Godda to the extent it imposes the
entire liability on the appellant-owner of the offending an insured
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vehicle and absolves the Insurance Company. No doubt, the
impugned Award has determined that even the deceased contributed
to his demise in the accident and to that extent, determined the
contributory liability to the extent of 20 per cent i.e. Rs.72,000/-.
3. The Tribunal firstly held that the appellant had failed to produce
any transport permit based upon which passengers were being
carried in the offending vehicle i.e. Bus No. BR-35-4155. Secondly,
the Tribunal has held that even carrying passengers on the ladder
behind the bus or on the roof of the bus amounts to a breach of one
of the fundamental terms of the insurance policy.
