MANAGER NATIONAL INSURANCCE CO LTD Vs. SHEELA

JUDGEMENT

(1.) HEARD the counsel for the appellant and the respondents.

(2.) THESE appeals are considered together. The respondent No. 1 in each of these appeals were the claimants before Motor accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for brevity ). They were occupants of a private jeep which had met with an accident and as a result of the same, the said respondents having been injured, had laid a claim for compensation before the Claims Tribunal. The Tribunal having addressed their claim petitions has fastened the liability on the appellant, which was the insurer of the concerned vehicle and it is this liability which is sought to be challenged.

(3.) THE counsel for the appellant would submit that the policy in respect of the insured vehicle was a 'a' policy issued under the India Motor Tariff, 1989 and, therefore, the liability of the insurer was clearly absolved in respect of an occupant of the insured vehicle. In that, the 'a' policy covered the risk as contemplated under section 147 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for brevity) and that it does not require the insurer to cover the risk of an occupant of a private car or jeep as in the present case. The Tribunal has overlooked the legal position and, therefore, the appeals would have to be allowed. The question is no longer res Integra as it is settled by the latest judgment of the supreme Court in the case of Oriental insurance Co. Ltd. v. Sudhakaran K. V. , 2008 ACJ 2045 (SC ). While considering the law as laid down in the case of New india Assurance Co. Ltd. v. Asha Rani, 2003 ACJ 1 (SC), it was held that a gratuitous passenger in a goods vehicle was not covered by contract of insurance in terms of section 147 of the Act and also while considering the decision in United India insurance Co. Ltd. v. Tilak Singh, 2006 acj 1441 (SC), which extended the principle laid down in Asha Rani's case (supra)to all other categories of the vehicle in the following manner: