INDUBAI Vs. SANJAY KAWADUJI MOWALE

JUDGEMENT

(1.) The instant appeal is directed against the judgment and award dated 25th June, 2008 passed by learned Chairman, Motor Accident Claims Tribunal, Yavatmal (in short "the Tribunal") in MACP No. 24/2003, whereby the insurer company/ respondent No. 3 herein, was exonerated from joint and several liability to pay com-pensation awarded to the claimants.

(2.) It is the grievance of the appellants that the victim Bhaiyalal was travelling as a non-fare paying passenger in the offending mo-tor vehicle Truck bearing Registration No. MH 29-6655 which had after giving a dash to the roadside tree, turned turtle. In the said truck there were articles of food material and utensils for cooking which were meant for preparation of breakfast and Bhaiyalal was travelling as non-fare paying passenger. It is submitted that the insurer-company can not escape the liability for payment of compen-sation, particularly when the policy cover note was comprehensive and over and above the Act to cover non-fare paying passenger in the offending motor vehicle truck. According to learned Advocate for the appellants, the Insur-ance company had charged Rs. 100/- as part of basic premium towards legal liability to pas-sengers/non-fare paying passengers. Under these circumstances, the Tribunal erred in law to exonerate the Insurer company.

(3.) Learned Advocate for the appellant made a reference to the ruling in K Arun kumar and. another Vs. Sri Ramdass Motor Transport Ltd. and others, 2008 ACJ 227 (Andhra Pradesh High Court); so also ruling in Subelal and others Vs. Phulbhanslvx and others, 2008 ACJ 231(M. P. High Court) in order to canvass an argument that if In-surance policy covers non-fare paying pas-sengers and premium is charged towards li-ability for non-fare paying passengers car-ried in the motor vehicle then insurer is li-able to pay compensation.