JAGESHWAR PRASAD BEHRA Vs. GHASIA RAM CHOUHAN

JUDGEMENT

(1.) THIS is owner's appeal against the award dated 6th November, 2008 passed by the 1st Additional Motor Accidents Claims Tribunal, Raigarh in claim case No. 04/2008.

(2.) AS against compensation of Rs.23,70,000/- claimed by the unfortunate parents (respondents No.1 & 2) of deceased - Ku. Megha by filing claim application under Section 166 of the Motor Vehicles Act (henceforth 'the Act') for her death in the motor accident on 31.12.2007, the Tribunal awarded a total sum of Rs.1,02,500/- along with interest at the rate of 6% per annum from the date of application till its actual payment.

(3.) PER contra, by referring the statement of Ghasia Ram (A.W.1), Shri Qamarul Aziz, learned counsel appearing for respondent No.4 contended: the deceased - Ku. Megha along with her father and family members was sitting in the Maruti Van as a fair paying passenger, inasmuch, as, the offending Van was hired by her father; the insurance company had not undertaken any risk of fair paying passenger, and therefore, the Tribunal has rightly exonerated the respondent - insurance company from its liability of payment of compensation, which does not call for any interference