KANHAIYA Vs. SHEKH JAHID

JUDGEMENT

(1.) During the course of argument the consensus is developed between the counsels for the parties that it would be appropriate to enhance a sum of Rs. 10,000/- more towards the compensation.

(2.) In the present case a cross objection on behalf of the respondents No. 1 and 2 is also filed under Order 11 Rule 22 of the Civil Procedure Code. The cross objection is filed against the direction given by the Tribunal for pay and recover. The Tribunal has given the aforesaid direction to pay and recover against the insurance company because the claimant was travelling in goods vehicle bearing Registration No. MHV 7886. It is stated that on the date of accident the claimant was in the aforesaid truck along with his goods.

(3.) Learned counsel for the appellant relied upon a judgment passed by the Apex Court in National Insurance Company Ltd. vs. Asha Rani, 2003 2 SCC 223 wherein the Apex Court has taken a view that a passenger is also entitled to the compensation in case of death or injury received due to the accident. The Apex Court has further held that insurance company would be entitled to pay the compensation only if it is proved before the tribunal that he was travelling along with the goods for the purpose of safety and protection of his goods.