NEW INDIA ASSURANCE CO LTD Vs. ASHOK SINGH

JUDGEMENT

(1.) IN this appeal under section 110-D of the Motor Vehicles Act, the appellant insurance company claims to be exonerated from the liability fastened on it for payment of compensation to the respondent No. 1 for injuries sustained by him on account of use of truck No. U. H. V. 0207 owned by the respondent No. 2 and at the relevant time driven by respondent No. 2's driver Ghanshyam (respondient No. 3 ).

(2.) AT this stage, it is not in dispute that the truck was owned by respondent No. 2. On 16-4-1984, it was in charge of respondent No. 3 who in the process of carrying coal in the truck to Allahabad, also took with him Ashok Kumar. On the way, the truck met with an accident as a result of which Ashok Kumar sustained fractures of tibia and febula bones of both the legs. After trial, the Accidents Claims Tribunal assessed Rs. 12,000/- as damages for the injuries sustained. In addition, Rs. 1,000/- have been awarded for pecuniary damages for amount spent on treatment and yet another amount of Rs. 1,000/- for mental and physical agony. As admittedly truck was insured with the appellant insurance company, it has also been made liable jointly with the owner and the driver of the vehicle.

(3.) THE appellant contends that on the claimant's (Ashok Singh) own showing, he was a gratuitous passenger and, therefore, the appellant cannot be held liable either under statute, i. e. , section 95 of the Motor Vehicles Act, 1939 or under the contract of insurance.