SHRIRAM GENERAL INSURNCE CO. Vs. HABIB KHAN

JUDGEMENT

(1.) These miscellaneous appeals are filed by the Insurance Company being aggrieved of the award dtd. 08/11/2012 passed by learned 14th Additional Motor Accident Claims tribunal, Bhopal in Claim Cases Nos. 1225/2010, 1223/2010, 1224/2010 and 1278/2010 on a singular ground that since the wards of the claimants/claimant either died when the truck on the roof of which they were travelling came in contact with a high tension line or sustained grievous injuries, but, overlooking the fact that victims were travelling as a gratuitous passengers, therefore, there was violation of the terms and conditions of the policy, hence, there could not have been an order of pay and recover, however, arbitrarily learned Claims Tribunal has directed that the compensation amount be paid by the insurance company and thereafter they will be entitled to recover it jointly and severally from the owner and driver of the offending vehicle.

(2.) Reliance is place on the judgment of three Judges Bench of Hon'ble Supreme Court in the case of New India Assurance Co. Ltd. Vs. Asha Rani and others, AIR 2003 SC 607 wherein it is held that the law laid down by the Supreme Court in New India Assurance Com. Vs. Satpal Singh and others, AIR 2000 SC 235, has not laid down the law correctly and should be overruled.

(3.) Reliance is also placed on the judgment of Hon'ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Baljit Kaur and others, (2004) 2 SCC 1 wherein the ratio of three Judges Bench of Hon'ble Supreme Court is that in respect of goods vehicle, liability of insurer does not cover gratuitous passengers carried in such vehicle, therefore, while allowing the insurer's appeal, in the interest of justice, the insurer was directed to satisfy the awarded amount and recover the same from the owner of the vehicle simply by initiating a proceeding before the executing Court without filing a separate suit.