SHRIRAM GENERAL INSURANCE CO. Vs. KHOMIN BAI

JUDGEMENT

(1.) Since the above appeals arise out of the common award dtd. 14/2/2013 passed by the learned Additional Motor Accident Claims Tribunal, Balod, Distt-Durg, C.G in Claim Case No.252/2011, the same are being decided by this common order.

(2.) MAC-517 of 2013 was filed by appellant/Shri Ram General Insurance Company of Tractor challenging fastening of 50% liability upon it on the ground that deceased was travelling on Trolley at the time of accident and further that there was breach of conditions of Insurance Policy as no person can travel on Tractor or Trolley except the driver. The deceased was a 'gratuitous passenger' and his risk was covered under Policy.

(3.) MAC-564 of 2013 is preferred by appellant/National Insurance Company of Trolley challenging fastening of liability upon it to be erroneous, as the deceased was a 'gratuitous passenger' and no premium was paid for covering the risk of gratuitous passenger, and also on the ground that as the deceased was travelling on a goods vehicle, where there is no space for any person to sit except the driver of that vehicle, no liability could have been fastened upon appellant/National Insurance Company.