SAJU P PAUL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This review petition is at the instance of Respondent No. 1 in the above appeal. He was the claimant before the Motor Accidents Claims Tribunal. His claim for compensation was allowed by the Tribunal and a sum of Rs. 2,88,000/- with 9% interest was awarded to him. The Appellant Insurance Company was directed to indemnify the owner of the vehicle, Respondent No. 3 in the appeal.

(2.) The above award was challenged in the appeal primarily on the ground that the claimant being a gratuitous passenger in the goods vehicle in question, he was not entitled to get any compensation from the Appellant-Company.

(3.) After hearing the parties, the appeal was allowed by us exonerating the Appellant-Insurance Company from the liability. It was however made clear that the claimant would be entitled to recover the amount of compensation from the owner and driver of the vehicle.