NEW INDIA ASSURANCE COMPANY Vs. NANDLAL LALCHAND JAISWANI

JUDGEMENT

(1.) This appeal is directed against judgment and award dated 20-12-2001, passed by the Motor Accident Claims Tribunal, in Claim Petition No. 152 of 1997, whereby claimants were granted compensation of Rs. 3.00 Lakh on account of death of one Adhyan Meshram, caused in a motor vehicular accident occurred on 17-1-1992, involving truck bearing No. MWY-5097. The deceased left behind him widow and two minor children. Admittedly, on 17-1-1992, the deceased boarded ill-fated goods carriage vehicle for reaching to his native village Pendhari, District Bhandara. Because of rash and negligent driving of the truck, it dashed against the tree and in that the deceased sustained fatal injuries. The deceased was a teacher in the Primary School at Patansawangi. On the basis of the evidence placed before it, the learned Tribunal held that the accident occurred due to rash and negligent driving of the truck. On the point of quantum of compensation, the learned Tribunal assumed yearly income of the deceased at Rs. 26,520/- and after deducting 1/3 amount arrived at figure of Rs. 1,59,120/- being an annual loss of dependency. After applying multiplier by 18, awarded compensation of Rs. 3,18,240/- inclusive of no fault liability amount. The defence raised by the New India Assurance Company Limited-insurer of the vehicle, that the deceased was a gratuitous passenger and, therefore, the insurer is not liable to satisfy the award was turned down by the learned Tribunal after relying upon the decision in the case of New India Assurance Company vs. Satpal Singh and others, 2000 1 MhLJ 740.

(2.) Shri A.J. Pophaly, the learned counsel appearing for the appellant, contended that in view of the decision in the case of New India Assurance Co. Ltd vs. Asha Rani and others, 2003 2 SCC 223, the liability arising out of an injury or death of a person travelling in a goods carriage vehicle cannot be fastened on the insurer. The liability, if any, arises has to be solely discharged by the owner and driver of the offending vehicle.

(3.) None appeared for respondents.