MANGULI JUANGA Vs. DINABANDHU SAHU

JUDGEMENT

(1.) Heard learned counsel for the claimants-appellants and learned counsel for the Insurance Company-respondent No. 2. None appears for the owner-respondent No. 1 inspite of valid service of notice.

(2.) This appeal by the claimants-appellants is directed against the judgment award dated 09.1.2009 passed by the learned 1st Motor Accident Claims Tribunal Keonjhar in MAC Case No. 177 of 2005 awarding an amount of Rs. 163000- as compensation along with interest 9% per annum from the date of filing of the claim application till payment and directing the owner-respondent No. 1 to pay the same.

(3.) Learned counsel for the claimants-appellants submits that as there was sufficient evidence available on record to show that the deceased was travelling as a labourer in the offending vehicle (Tipper) No. -09-D6421 and died in an accident on 18.4.2005 due to the rash and negligent driving by the driver of the said vehicle learned Tribunal erred in holding the deceased to be a gratuitous passenger in the offending vehicle and saddling the liability on the owner of the vehicle. It is further submitted that even accepting the fact that the deceased was travelling as a gratuitous passenger in the offending vehicle in violation of the policy condition learned Tribunal should have directed the Insurance Company to pay the awarded compensation amount with the right to recover the same from the owner of the vehicle. In this regard learned counsel for the claimants has relied upon a decision of the apex Court in the case of Ms National Insurance Co. Ltd. Vs. Baljit Kaur and others AIR 2004 S.C. 1340 and the decision in the case of Manager National Insurance Co. Ltd. Vs. Saju P. Paul and Anr.(2013) 2 SCC 41. It is accordingly submitted that the learned Tribunal was not justified in saddling the liability on the owner of the offending vehicle.