REKHA SETH AND ORS Vs. RAMJI CHOUBEY

JUDGEMENT

(1.) This order shall dispose of M.A. No. 11/2011 and M.A. No. 198/2011 filed against the award dated 18.10.2010 passed in claim case No. 118/2009 by learned 3rd AMACT, Sagar, M.P. for enhancement of award and by the insurance company for its exoneration respectively. The facts of the case are that on 26.06.2009 Satish Kumar Seth died due to an accident caused by vehicle No. MP 20 JA 3137 driven by the respondent-Driver. The deceased was a Head Master in a Government School and was posted at Government Middle School, Bamhori, Raigua, District Sagar. A criminal case was registered at crime No. 247/2009 at police station Patan, Jabalpur against Ramji Choubey. The challan was filed against him in the court of Judicial Magistrate.

(2.) The claimants are legal heirs and dependents of the deceased and claimed Rs. 90,00,000/- as compensation.

(3.) The respondents in their reply denied the averments made in the appeal. The insurance company has pleaded that the deceased was a gratuitous passenger in the vehicle, therefore, there is no liability of the insurance company for payment of compensation. It is further pleaded by the insurance company that under the policy no premium covering the risk of gratuitous passenger was paid.