ORIENTAL INSURANCE COMPANY LTD Vs. MUNESH

JUDGEMENT

(1.) THESE two Appeals arise out of a common judgment dated 24.08.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding compensation of Rs.6,02,000/- along with interest @ 9% per annum in favour of the Respondents No.1 to 5 (in MAC APP.443/2004) and making the Appellant Oriental Insurance Company Limited liable to pay the compensation and granted recovery rights against the Respondent No.6 and 7 (in MAC APP.443/2004) and Appellants (in MAC APP.883/2012).

(2.) IT is urged by the learned counsel for the Appellant that the deceased Har Chand was a gratuitous passenger as was held by the Claims Tribunal and thus on the basis of the judgment in National Insurance Company Limited v. Baljit Kaur & Ors., (2004) 2 SCC 1, the Appellant had no liability at all to pay the compensation.

(3.) THE instant award was passed by the Claims Tribunal on 24.08.2004, that is, much after the decision in Baljit Kaur. Thus, if it was proved that the deceased was a gratuitous passenger, the Appellant would have no liability.