NATIONAL INSURANCE CO LTD Vs. DEVI DEEN

JUDGEMENT

(1.) HEARD Sri Saral Srivastava, learned counsel for the appellant. In the motor accident involving the truck, the claimant-respondent No.1 sustained injuries while the truck was being reversed. The Tribunal has awarded only a sum of Rs. 21334/- with 6% interest on account of the injuries so sustained by the claimant-respondent No.1. The argument of the learned counsel for the appellant is that the claimant-respondent No.1 was actually travelling in the truck and as such he was a gratuitous passenger who is not covered under insurance policy. The finding of the Tribunal is that at the time of the accident the claimant-respondent No.1 was behind the truck and he sustained injuries while the truck was being reversed and as such it cannot be said that he was actually travelling. He was a third party to the accident and therefore, was covered under the insurance policy. A faint submission has also been made that the driver of the offending truck was not made party to the claim petition and therefore, the petition was bad for non-joinder of the necessary party. There is no dispute with regard to the accident and that it had occurred due to the negligence of the driver of the vehicle. The owner was before the Tribunal. Therefore, non-joining or non production of the driver would not in any way affect the award of compensation to the claimant on merits. In view of the above, the appeal has no merit and it is accordingly, dismissed. The statutory deposit made before this Court shall forthwith be remitted to the Tribunal for necessary adjustment.