UNITED INDIA INSURANCE CO. LTD. Vs. RAMPATI DEVI

JUDGEMENT

(1.) VIDE the instant appeal appellant/insurance company has assailed the judgment dated 08.09.2006 passed by the Motor Accident Claims Tribunal, whereby the Ld. Tribunal has granted compensation for a sum of Rs.5,18,000/ - with interest @ 7.5% per annum from the date of filing of the petition, i.e., 03.08.1999 till realization of the amount.

(2.) THE brief facts of the case are that on 10.09.1998, the deceased Anandi Singh @ Anandi Prasad Singh was travelling in Mini Truck registration No. PB 08L 9636 Tata 407 along with some other workers as they were going from Delhi to Jalandhar. The deceased and other workers had to work in a newly constructed building under the instructions of Shri Suresh Sharma, sub -Contractor, brother of contractor Shri Bhagwan Dass. Above named Shri Suresh Sharma was also accompanying him. The truck was loaded with stones for construction and was being driven by its driver Harish Kumar. The driver Harish Kumar instructed the workers to sit at the back side. When this mini truck reached at Dur Bin Chawk, Ambala Cantt at about 6.30 AM the driver, Harish Kumar suddenly negligently and rashly applied the brakes without any reason. However, due to sudden brake the deceased lost his balance and fell down and came underneath the stones and got crushed injuries on his face, head, arm, chest and on other parts of his body. He succumbed to the injuries and expired on the spot.

(3.) ON the issue of gratuitous passenger, Ld. Counsel for the appellant/insurance company submitted that the deceased was travelling in offending vehicle, i.e., TATA 407 as a gratuitous passenger, eventually, the deceased was not covered under the policy of insurance. Therefore, the appellant was not liable to pay compensation.