UNITED INDIA INSURANCE CO LTD Vs. RAJKUMARI

JUDGEMENT

(1.) SINCE M.A. Nos. 258, 259 and 261 of 2001 are arising out of the award dated 28.2.2001 passed by the Additional Motor Accidents Claims Tribunal, Janjgir, in Claim Case Nos. 28, 23 and 33 of 1998, therefore, they are being disposed of by this common order.

(2.) BRIEF facts of the case are that respondent Krishna Bai Rathod is the owner and respondent Raju alias Rajesh Kumar Rathod was the driver of the jeep bearing registration No. MP 26-E 6690 which was insured with the appellant. On the date of alleged accident, i.e., 23.11.1997, Jyoti and Kamlesh Kumar Dewangan who died on account of accident and Rajkumar, Rajkumari Yadram and Gopal Prasad received injuries, were sitting in the said jeep. By rash and negligent driving of driver Raju, the accident took place. Jyoti and Kamlesh Kumar Dewangan died on account of accident in the said jeep and Rajkumari sustained grievous injury.

(3.) LEARNED counsel for the appellant argued that the vehicle was registered as private jeep and the same was insured as private vehicle, not authorised for carrying passengers. No extra premium was paid for carrying the passengers. Injured and the persons died in the accident may be gratuitous passengers and premium has not been paid by the owner for such passengers, therefore, the appellant is not under obligation to pay any compensation on account of death or injury sustained in the accident.