WORAH AND COMPANY Vs. RAMKISHORE PATEL

JUDGEMENT

(1.) THIS appeal is directed against the award, dated 20. 12. 1995, passed by III Addl. Motor Accidents Claims Tribunal, Satna, in Claim Case No. 68 of 1989.

(2.) THE Claims Tribunal has granted an award of Rs. 40,000 with interest at the rate of 12 per cent per annum against the appellants. The appellant Nos. 1 and 2 are the owners of the truck No. CPS 7711 in question. The appellant No. 3 is the driver of the truck. The Claims Tribunal has not granted any award against the respondent No. 7, the New India Assurance Co. Ltd.

(3.) IN this appeal, the learned Counsel for the appellants argued that the Claims Tribunal ought to have made the respondent No. 7 liable to pay the amount of award in question to the respondent Nos. 1 to 6 jointly and severally along with the appellants. The contention of the learned Counsel for the appellants is that it is established from the evidence on record that the deceased was not a gratuitous passenger in the sense he had paid fare to the conductor before boarding the truck along with 20-25 persons.