(1.) Having heard the rival contentions, it appears that the accident occurred on 19.10.2006 when the Truck, loaded with cement and other construction material, being driven from Gopeshwar to Chamoli, fell into a deep gorge. Mr. Farooq, who, by profession is said to be the driver (not of the offending truck), sustained severe injuries, inasmuch as, his both legs were fractured and he had to remain hospitalized at Govt. Hospital, Gopeshwar and subsequently at Base Hospital, Srinagar for quite a long time.
(2.) Learned counsel for the appellant has resisted the award of compensation basically on two grounds. The first one being that since Mr. Farooq, the claimant, was a gratuitous passenger, hence no amount could be awarded, more so, because in the policy, the compensation could have been awarded only up to -5 - persons. I am unable to agree with this contention for the reason that even on looking to the cover note of the Policy at first instance, it divulges the premium paid in total for seven persons, 'WC to Employee -5', 'Employee Others -1' and 'NFPP -1',. The abbreviation 'NFPP' has been clarified during the course of arguments as Non - Fare Paying Passenger.
(3.) The first information report was lodged on 19.10.2006, investigation in pursuance whereof, culminated into submission of a final report (Annexure 5 to the appeal) on 24.1.2007. The Investigating Officer has stated that in all, '8' passengers were boarded in such vehicle. In my view, without according opportunity to the other party to cross -examine this witness on this point, such an opinion can hardly be of any avail where other evidence is already available on deposition.