NAGAR PALIKA PARISHAD MUZAFFAR NAGAR Vs. SHAMSHIDA

JUDGEMENT

(1.) THIS is an appeal of Nagar Palika Parishad, muzaffar Nagar challenging the judgment and order dated 10th April, 2008 passed by concerned Motor Accidents Claims Tribunal, Muzaffar Nagar. The quantum of the awarded amount is Rs. 3,33,400/- on account of death of pillion rider of the motor cycle i. e. different vehicle. The accident was caused due to rash and negligent driving of the motor vehicle i. e Swaraj Mazda. The deceased was aged about 30 years working as mason. The Tribunal arrived at the finding of monthly income at Rs. 2,400/- after making 1/3rd deduction and applying multiplier of seventeen.

(2.) LEARNED Counsel appearing for the insurance company contended before this Court that the pillion rider is a gratuitous passenger following the judgment of Supreme Court in united India Insurance Co. Ltd. v. Tilak Singh and others, 2006 63 ALR (SC) 462. He further contended that such judgment was followed in the latest supreme Court judgment being Oriental Insurance Co. Ltd. v. Sudhakaran K. V. and others, 2008 66 AIC (SC) 54. However, the Division Bench of this Court presided over by one of us (Amitava Lala, J.) by its judgment in national Insurance Company Ltd. v. Smt. Kusum and others, 2008 71 ALR 870, taken a view that so far as different vehicle is concerned the pillion rider cannot be said out be gratuitous passenger being third party. Supreme Court by the above referred latest judgment propounded the same view which is as follows :

(3.) IN our considered opinion the appellant cannot avoid the responsibility to pay compensation on account of death of pillion rider of different vehicle i. e. motor cycle. Hence, the appeal is dismissed at the stage of admission without imposing any cost.