UNITED INDIA INSURANCE CO. LTD. Vs. MAROTI

JUDGEMENT

(1.) THIS appeal is preferred against the the judgment and Award passed on 19.9.2003 in Claim Petition No. 42 of 2001 delivered by the Motor Accident Claims Tribunal, Bhandara.

(2.) RESPONDENT no. 1 on 30.10.1998 boarded a vehicle - Tempo Trax bearing registration No. MH -31/H -9518 (for short jeep) for going to Dongargarh from Nagalwadi. The jeep belonged to respondent no. 2 and was ensured with the appellant. It was being driven by one Ashok Giripunje. When the jeep reached a spot within the limits of village Shaheepur on National High Way No. 6, at about 4 -00 a.m., it rammed into back side of a truck standing on the road in a stationary condition. As a result, respondent no. 1 suffered severe injuries and was treated for those injuries, first at Rural Hospital, Deori and subsequently at Govt. Medical College and Hospital, Nagpur. The injuries led him to permanent disability. According to respondent no. 1, the accident occurred only due to rash and negligent driving of the jeep. Therefore, he filed a claim petition against respondent no. 2 and appellant claiming compensation of Rs. one lac. The petition proceeded against respondent no. 2 without written statement, but the petition was resisted by the appellant. However, the learned Chairman of the Tribunal by the judgment and Award passed on 19.9.2003 partly allowed the claim petition granting compensation of Rs.57,315/ - together with interest together with interest inclusive of no -fault liability claim. It was directed to be paid by the appellant and respondent no. 2. Not satisfied, the appellant is before this Court in First Appeal.

(3.) LEARNED counsel for the appellant has submitted that the evidence on record in this case has clearly established the fact that respondent no. 1 was neither the friend nor relative of respondent no. 2, and was travelling by the jeep as a fare paying passenger or at least a gratuitous passenger and in either of the categories, has not been covered under the Insurance Policy vide Ex.58. Therefore, according to him, the appellant is not at all liable to pay any compensation to respondent no. 1. In support, he referred to me the cases of Branch Manager, Oriental Insurance Co. Ltd. v. Mohammad Yunus & ors. - 2012 ACJ 967 and DattuNathu Kudekar and ors. v. National Insurance Co. Ltd. and ors. - 1991 ACJ 743.