NATIONAL INSURANCE COMPANY LTD. MALANJKHAND, TEHSIL BAIHAR, DIST. BHALAGHAT, THROUGH THE BRANCH MANAGER Vs. DASHRU RAM S/O KEJAURAM MARAR, AGED ABOUT 22 YEARS, OCCUPATION PORTER, R/O SALHEWARA, TEHSIL CHUIKHADAN, DIST. RAJNANDGAON (C.G.)

JUDGEMENT

(1.) This is insurer's appeal preferred against the award dated 30/04/2002 passed by the Additional Motor Accident Claims Tribunal, Khairagarh, District Rajnandgaon (herein after called as 'the Claims Tribunal') in Claim Case No. 35/1998.

(2.) Necessary facts required for adjudication of this appeal is as under:-

(3.) Mr. Goutam Khetrapal, learned counsel appearing for the appellant/Insurance Company would submit that claimant was travelling in the offending vehicle on the date of accident as a gratuitous passenger, which was strictly prohibited in the goods carrying vehicle and, therefore, the finding of the learned Claims Tribunal fastening the liability of payment of compensation upon the Insurance Company is absolutely unjustified and deserves to be set aside.