SUNIL SINGH DARAMWAL Vs. JANKI DEVI

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred by the appellant/owner against the judgment and order dated 25. 07. 2007 passed by District Judge/m. A. C. T. , Nainital in M. A. C. C. No. 267 of 2006, Smt. Janki Devi and others Vs Sunil Singh Daranwal and another whereby the Tribunal awarded a sum of Rs. 1,70,000/- as compensation along with interest @ 6% per annum from the date of filing against the Insurance Company and granted recoverable rights to National Insurance Company Ltd. from the owner/appellant of the vehicle.

(2.) HEARD Sri Sudhir Singh, learned counsel for the appellant, Sri D. S. Patni, learned counsel for the respondent No. 5 and perused the record.

(3.) LEARNED counsel for the appellant has submitted that the deceased was not traveling as a gratuitous passenger in the vehicle in question. Therefore, the liability of payment of entire compensation is upon Insurance Company and the decision for granting recoverable right to the Insurance Company is not justified in the eye of law.