UNITED INDIA INSURANCE Vs. ABDUL HALIM

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, the learned counsel for the appellant.

(2.) This appeal under Sec. 173 of the M.V. Act, 1988 is against the Judgment and Award dtd. 31/8/2010 passed by the learned Member, MAC Tribunal, Nagaon in MAC Case No. 201/2006. The MAC Case No. 201/2006 was initiated upon a claim petition filed under Sec. 166 of the M.V. Act, 1988 by the respondent no. 1 Abdul Halim that on 29/3/2006 at about 3 PM while the claimant/respondent no. 1 boarded the vehicle bearing Registration No. AXK- 4134 (Maruti Van) and proceeded towards Amolapatty at Pakukata side along with his friend to attend a marriage party, due to rush and negligent driving of the driver of the said Maruti Van it turned turtle at the road side of Amolapatty. Due to the accident the vehicle damaged partly and the claimant respondent no. 1 sustained grievous injury on his right leg and other injury on several parts of the body. He was hospitalised. The respondent no. 2 as the owner though denied the incident, however, admitted that the driver of the vehicle at the time of accident had a valid driving licence and the vehicle was insured with the present appellant- insurance company and the said policy was valid up to 8/11/2006 covering the date of accident i.e. 29/3/2006. According to the said owner if any liability arises, the same is supposed to be indemnified by the respondent-insurance company.

(3.) The present appellant-insurance company vide its written statement specifically raised the issue that no third party was involved in the accident and that the claimant respondent no. 1 was a gratuitous passenger in the said vehicle and under Sec. 147 of the M.V. Act, 1988, the risk of death or injury to such gratuitous passenger was not maintainable and the insurance company is not liable to compensate. On the basis of the said pleadings the learned Tribunal framed the following issues: