FUTURE GENERALI INDIA INS CO LTD Vs. DULARI

JUDGEMENT

(1.) Vide the instant appeal, appellant has challenged the impugned award dated 31.08.2010, whereby ld. Tribunal has awarded the following compensation in favour of the respondents / claimants:

(2.) Ld. Counsel appearing on behalf of the appellant has drawn the attention of this court to the statement of the informant Phoolchand recorded in the FIR as under:

(3.) Ld. Counsel further submits that the deceased Kanhaiya was in the team of Halwai and they were going to arrange a party. Therefore, the said deceased was gratuitous passenger and if a person is proved being as gratuitous, then the Insurance Company is not liable to pay any compensation.