NATIONAL INSURANCE CO LTD Vs. PREMA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court, Lucknow Bench dismissing the appeal filed by the appellant.

(3.) Background facts in a nutshell are as follows: The accident in the instant case took place on 1.6.1996. The claimant was travelling in a goods carriage, as a gratuitous passenger. Undisputedly she was not traveling in the goods carriage in the capacity of owner of goods or representative of owner of goods being transported in the goods carriage. This aspect was also accepted by the claimant in the claim petition.