(1.) This is an Insurance Company's appeal challenging the judgment and award passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.6, Sitapur dtd. 7/2/2008 in MACP No.230 of 2006, ordering the Insurance Company to pay and recover.
(2.) The only issue involved in this appeal is whether a gratuitous passenger, travelling on board a goods vehicle, who sustains injury in an accident, is entitled to recover from the Insurance Company on the plea of pay and recover?
(3.) In view of the issue involved, elaborate reference to the facts and evidence is not warranted in the present appeal. All that is relevant is that the claimant-respondent, Hari Shanker was travelling on board a truck bearing Registration No. U.G.K.- 0016 on 6/2/2006. He was proceeding from his native Village Nai Basti, Juhra, Pargana and Tehsil Mishrikh, District Sitapur to Powayan. The truck by accident, ill-fate or negligence, turned turtle at a place called Niyamatpur within the local limits of Police Station Sidhauli, District Shahjahanpur. The accident occurred at around 4 o'clock in the evening hours.