RAM KUMAR AWASTHI Vs. VIMLA RANI CHAURASIYA

JUDGEMENT

(1.) All the above mentioned connected appeals arise out of a common accident which occurred on 21.01.2006. The said accident occurred when the driver of the Vehicle No. UP 34-C-8039 lost control of the vehicle and after hitting some persons standing on the side of the road turned turtle and two persons standing on the side of the road and some persons sitting on the vehicle died.

(2.) Following claim petitions were filed before the learned Motor Accident Claim Tribunal Lucknow, seeking compensation for death of the victims of the accident:

(3.) The learned Tribunal has held that the insured vehicle was being plied in breach of the insurance policy and the victims mentioned in Claim Petition Nos. 51/2006, 53/2006 and 57/2006, were traveling as gratuitous passengers. Thus, in Claim Petition Nos.51/2006, 53/2006 and 57/2006, the learned Tribunal, imposed the liability to pay compensation on opposite party no.1- vehicle owner. Further, since the Tribunal observed that the insured vehicle was being plied in the breach of insurance policy, and the victims mentioned in Claim Petition Nos. 52/2006 and 55/2006, were hit by such vehicle, therefore, the right to recovery from the opposite party no.1 vehicle owner, was granted to the opposite party no.2 insurance company, after paying the compensation to the claimants.