UNION OF INDIA Vs. KALPANA BHUYAN

JUDGEMENT

(1.) This appeal has been filed by the Union of India against the award dated 10-01-1997 Passed by Member, Motor Accident Claims Tribunal, Lakhimpur, North Lakhimpur in M.A.C.T. Case No. 20 of 1994. By the impugned award, the learned Tribunal awarded a sum of Rs. l,07,180/-(Rupees one lakh seven thousand one hundred eighty only) with 10% interest from the date of service of notice upon the opposite party minus the interim relief already paid. The brief facts are as follows :-

(2.) So, the admitted position in this case is that the petitioner boarded the vehicle of the Union of India with the permission of the driver of the Truck. It is also, further, admitted that there was no proper communication on the road and it was always the practice that the Air Force vehicle used to carry persons on request,

(3.) So, admittedly from the above it appears that the husband of the petitioner was a gratuitous passenger of the vehicle. The first question is that whether he will be entitled to compensation. The 1939 M.V.A. Act is now replaced by the 1988 Act and Section 147 also has been amended further and that amendment will show that now even a gratuitous passenger may be entitled to receive compensation even when vehicle in question is insured. But the present case stand on a better footing in as much as it is not claimed against the Insurance Company Ltd. but against the owner of the vehicle and the accident took place arising out of the use of vehicle.