ORIENTAL INSURANCE COMPANY LIMITED ITARSI Vs. SUSHEELA BAI

JUDGEMENT

(1.) THE only question for determination in this case was whether the deceased was conductor in the vehicle in question or was a fare paying passenger or a gratituous passenger. The Tribunal has come to the conclusion that he was not conductor. Responsibility for payment of compensation has been held to be that of the appellant obviously on the ground that he was a gratuituous passenger, as evidence in the case does not suggest payment of fare by him. In this situation, Apex Court decision in 2000 (2) M. P. H. T. 340 = AIR 2000 SC 235, New India Assurance Company Limited Vs. Satpal Singh applies. The quantum of compensation cannot be assailed by the appellant in the absence of permission from the Tribunal under Section 170 of the Motor Vehicles Act, 1988. Consequently, there is no merit in the appeal. The same is dismissed.

(2.) SHRI Ruprah prays for and is allowed two months' time for making the payment.

(3.) CERTIFIED copy be supplied.