KHORBAHRIN Vs. TULAS RAM

JUDGEMENT

(1.) THIS is claimant's appeal seeking enhancement of compensation awarded by the 1st Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') in claim case No. 39/2003 vide award dated 06.08.2003.

(2.) AS against compensation of Rs.4,12,400/- claimed by the wife and one minor daughter of deceased - Khorbahara Dewangan by filing claim application under Section 110A of the Motor Vehicles Act, 1939 for his death in the motor accident on 16.11.1984, the Tribunal has awarded a total sum of Rs.90,400/- as compensation along with interest @ 6% per annum from the date of application till its actual payment.

(3.) INDISPUTABLY, deceased Khorbahra Dewangan was sitting in the Truck bearing No.C.P.R.8879 as a gratuitous passenger and respondent No.6 - the New India Insurance Company Limited has not issued any insurance cover, covering the risk of gratuitous passengers sitting in the Truck by entering into special contract with the owner of the vehicle by charging extra premium therefor. The provisions of the Motor Vehicles Act do not enjoin any statutory liability on the owner of the vehicle to get his vehicle insured for any gratuitous passenger sitting in the goods carriage vehicle and the insurer would have no liability therefor. Therefore, the Tribunal was right in exonerating respondent No.6 - the New India Insurance Company Limited from its liability to pay compensation.