MUKTI DAS Vs. SABITA BAG

JUDGEMENT

(1.) THIS appeal and the application arise out of a judgment and award dated 8.9.99 passed by the Motor Accident Claims Tribunal, 3rd Court, Alipore, whereby and whereunder while allowing the petition for claim filed by the appellants herein to the extent of Rs. 1,50,000/- held that as the deceased was travelling in a vehicle which did not have the permit to carry passengers the insurance company was not liable to indemnify the owner of the vehicle. The award was thus passed only against the owner of the vehicle which is a lorry.

(2.) BEFORE the learned Tribunal a contention has been raised that as the driver was not holding a valid driving licence, there had been a clear violation of the insurance policy and violation of the permit inasmuch as the road permit was granted only for carriage of goods. The point at issue is now covered by the decision of the Apex Court in New Janta Stone Co. and another v. United India Insurance Co. Ltd., 1999 ACJ 273 as also the decision of the Apex Court in New India Assurance Company v. Satpal Singh and others, 2000(1) R.C.R.(Civil) 274 : AIR 2000 SC 235.

(3.) AS regards the question as to whether a gratuitous passenger is entitled to compensation or not, as noticed hereinbefore, was considered by the Apex Court in New India Assurance Company v. Satpal Singh and others (supra), wherein Apex Court distinguished its earlier judgement in Mallawwa v. Oriental Insurance Co. Ltd., 1999 ACJ 1 : AIR 1999 SC 589 : 1999(1) RCR(Civil) 115 (SC), inter alia, on the ground that by reason of the coming into force the Motor Vehicles Act, 1988, the Parliament has altered the phraseology of the charging provision. The Apex Court clearly held:-