NATIONAL INSURANCE COMPANY LTD Vs. BIMALA DEY

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988, is at the instance of the Insurance Company. The appellant is challenging the Award dated 24.6.2004, passed by the learned Member, Motor Accident Claims Tribunal, Guwahati, Kamrup, in MAC Case No. 1388 of 2002, whereby the learned Tribunal has awarded a sum of Rs. 4,60,000/with interest @ 9% per annum from the date of filing of the claim petition. At the same time, the Tribunal has fastened the entire liability upon the Insurance Company to satisfy the Award and has totally absolved the owner of the offending motor vehicle.

(2.) Heard Sri B C Das, learned senior counsel for the appellant. Also heard Sri HRA Choudhury, learned senior counsel for the owner of the offending vehicle (respondent No. 6) as well as Sri S K Jain, learned Counsel for the claimants/respondent Nos. 1 to 5. I have also perused the impugned judgment.

(3.) Sri Das, learned senior counsel for the appellant submitted that the direction of the Tribunal that the Insurance Company should satisfy the Award is perverse and contrary to the provisions of law. According to the learned Counsel, the deceased was travelling in a goods carriage vehicle and as such, the risk of such gratuitous passenger was not covered by the policy. In such a situation, as contended by the learned Counsel, the owner of the vehicle should satisfy the Award.