NEW INDIA ASSURANCE CO LTD Vs. AMARKANT

JUDGEMENT

(1.) By this appeal the appellant challenges the judgment and award passed by the Motor Accident Claims Tribunal, Bhandara dated 27.9.1990 in Claim Petition No.58/1987 granting compensation to the tune of Rs. 15,000/ - to the claimant/respondent no. 1 along with interest @ 12% p.a. from the date of the application till its realization.

(2.) Claimant Amarkant was travelling in a matador along with deceased Asaram and others, when the matador dashed on a Babul tree on the highway near village Kharbi. Asaram died on the spot. The respondent/claimant received serious injuries. The widow of Asaram by name Tanabai and respondent Amarkant filed two separate claim petitions before the Motor Accident Claims Tribunal, Bhandara. The claims petitions filed by both claimants were partly allowed by the Tribunal. The judgment passed by the tribunal in the claim petition filed by Tanabai was challenged by the insurance company in First Appeal No.785/1991. This court, however, by judgment dated 18.12.2009 dismissed the appeal filed by the insurance company. It is brought to the notice of this court that the grounds raised by the appellant/ insurance company in the present first appeal are identical to the grounds raised by the appellant/insurance company in First Appeal No.785/1991.

(3.) Shri. Verma, the learned counsel holding for Shri. Sudame, counsel for appellant/ insurance company submitted that the respondent was a gratuitous passenger travelling in a goods vehicle and hence the insurance company was not liable to pay compensation for the injuries sustained by the respondent in the accident.