GOPAL SHARMA Vs. KACHRULAL

JUDGEMENT

(1.) IT is an appeal under Section 173 of the Motor Vehicles Act by the claimant against an award dated 30-9-1998 passed by the Second Member, Motor Accidents Claims Tribunal, Mandsaur, in Claim Case No. 5/1997 for compensation for the injuries that he suffered in an accident. In the opinion of the learned Claims Tribunal, the claimant failed to prove the negligence of driver of the offending vehicle, i. e. , tractor trolley and hence the entire claim application came to be rejected. It is against this rejection, the claimants has come up in appeal.

(2.) SHRI Vinay Vijyawargiya, learned Counsel for the appellant and Shri S. V. Dandwate, learned Counsel for the respondent.

(3.) IT is not in dispute that the accident in question occurred in the year 1993, i. e. , prior to 1994 amendment in the Motor Vehicle Act. It is also not in dispute rather it is the case of the claimant that he was travelling in tractor/trolley (i. e, offending vehicle) as a gratuitous passenger alongwith his family members. In a case of this nature so far as liability of Insurance Company is concerned, the issue remains no longer res integra and stand decided against the claimant by the authoritative pronouncement of Supreme Court in the case of New India Assurance Company v. Asha Rani, 2003 (2) M. P. H. T. 474 = 2002 AIR SCW 5259. It was followed in the case of Oriental Insurance Company Ltd. v. Devireddy Konda Reddy (AIR 2003 SC 1009 ). In Asha Rani case (supra), this issue was considered and while overruling the earlier view of Supreme Court in Sat Pal Singh 's case, 2000 (2) M. P. H. T. 340 = AIR 2000 SC 235, Their Lordships inter alia ruled that there can be no liability which can be fastened on the Insurance Company in relation to the case of gratuitous pas sengers travelling in goods vehicle if the case relates to year prior to 1994. In other words, so far as the liability of Insurance Company in this case is concerned, even if the claim petition had been allowed, the same could not have been so allowed as against the Insurance Company.