IFFKO TOKIO GENERAL Vs. IMRAT SONKAR

JUDGEMENT

(1.) This common order shall govern the disposal of CR.No.200 of 2012 (Iffco-Tokio General Insurance Co. Ltd Vs. Imrat Sonkar), CR.No.201/2012 (Iffco-Tokio General Insurance Co. Ltd Vs.Bhupendra Sonkar & Others) and M.A.No.1622 of 2012 (Iffco-Tokio General Insurance Co. Ltd. Vs. Suppa Bai and Others) arising out of common award dtd. 22/3/2012 passed by Additional Member MACT Pawai, District-Panna in MACT No.20/11, 21/11 and 22/11 seeking setting aside of impugned award.

(2.) Learned counsel for the appellant/petitioners, after referring to paras No.17, 19 and 26 of impugned award as well as depositions of applicant witnesses Kaushalya, Suppa Bai and Uttam Singh and further, relying upon Original Insurance Company Limited Vs. Devireddy Konda Reddy and Others, (2003) 2 SCC and National Insurance Company Vs. Rattani and Others, (2009) 2 SCC 75, submits that claimant/deceased were traveling in goods vehicle. Therefore, they, being gratuitous passengers, Insurance Company is not liable to pay the compensation.

(3.) Learned counsel for the appellant submits that Tribunal has wrongly fastened liability on Insurance Company to pay the compensation, therefore, petition/appeal filed by appellant be allowed and Insurance company be exonerated from liability to pay the compensation.