NEW INDIA ASSURANCE COMPANY Vs. MARNI RAMANA

JUDGEMENT

(1.) The fifth respondent-insurer in O.P.No.293 of 1981 on the file of the Motor Accidents Claims Tribunal (District Judge), East Godavari, Rajahmundry, preferred this appeal against the order dated 22-8-1984 granting a total compensation of Rs.17,000/- to the petitioner involved in a motor vehicle accident,

(2.) Facts necessary for disposal of this appeal briefly stated are these:

(3.) Learned counsel for the appellant submits that the petitioner was only a gratuitous passenger and there was no statutory or contractual liability to pay any compensation to him by the appellant. It is quite apparent from the record that the petitioner was not carried for hire or reward as pillion rider on the scooter. Ex.B-1 policy in respect of the scooter shows that it was insured only in respect of third parties. The terms of Ex.B-1 exclude payment of compensation to any person carried gratuitously. Therefore, there was no contractual liability on the appellant to indemnify the insured against gratuitou s pillion rider of the scooter.