BHURE SINGH Vs. RAM CHARAN

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment and order dated 21. 8. 2002 passed by Motor Accident Claims Tribunal/additional District Judge/first F. T. C. Haridwar, in M. A. C. T. Case No. 113 of 1996, Bhure Singh and others vs. Ram Charan and others.

(2.) BRIEF facts of the case are that Smt. Bhagirthi (deceased) met with an accident on 6. 11. 1995 at about 10. 30 a. m. at Forest of Village Nalowala, Police Station Shyampur, due to rash and negligent driving of driver of Truck No. D. I. G. 1889, on account of which Smt. Bhagirthi died. At the time of accident Smt. Bhagirthi was travelling as a passenger in the said truck. Smt. Bhagirthi was an old lady of 70 years at the time of accident.

(3.) THE Insurance Company filed written statement alleging that as per terms of Insurance policy of truck in question passengers could not have been carried in the truck and deceased Smt. Bhagirthi was travelling in the truck as a gratuitous passenger. Therefore, the Insurance Company cannot be held to be liable for any compensation to the claimants.