ORIENTAL INSURANCE CO LTD Vs. RAMBARAN

JUDGEMENT

(1.) THIS is insurer's appeal against the award dated 29.04.2008 passed by the Xlth Addl. Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') in claim case No. 53/07.

(2.) AS against the compensation of Rs. 21,90,000.00 claimed by respondent No. 1 to 4 by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'MV Act') for the death of deceased Yashwant Kumar in the motor accident on 23.02.2007, the Tribunal has awarded a total sum of Rs.2,17,500.00 as compensation along with interest @ 6 percent per annum from the date of application till its actual payment against the driver and appellant/insurance company.

(3.) SHRI Shailendra Sharma, learned counsel appearing for the appellant would submit: deceased Yashwant Kumar was neither owner nor employee of the Truck, he was sitting in the Truck as a gratuitous passenger; the claim petition has been filed without impleading the owner of vehicle as party respondent; the owner of the vehicle Rambaran Lahre/respondent No. 1 is the main claimant inasmuch as the respondent No. 2 to 4 are sons and daughter of owner/Ramadan who were not dependent upon the deceased, but are dependent upon respondent No. 1/Rambaran; the appellant/insurance company is neither statutory liable to cover the risk of gratuitous passenger sitting in the goods carriage commercial vehicle nor had undertaken such risk by entering into special contract and by charging extra premium therefor, therefore, the Tribunal went wrong in fastening the liability of payment of compensation upon the insurance company.