GUDDI Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accident Claims Tribunal, Karnal, dated 17.2.1993 in claim petition No. 127 of 25.10.1990.

(2.) IN our order dated 16.11.1999 we had noticed that the learned Tribunal had assessed the liability of New India Assurance Company for the compensation payable to the appellants to the extent of 2/3rd. However, since the passengers who lost their lives in the accident were gratuitous passengers in the vehicle insured with United India Insurance Co. it was absolved of the liability. Only the owner and driver of the vehicle were made liable to the extent of 1/3rd. The bare reading of our order mentioned above shows that we have mentioned by mistake that 1/3rd of the liability is payable by the United India Insurance Co.

(3.) WE have been informed today by Shri Ravinder Arora, Advocate, on instructions from Mr. R.C. Sood, Manager, that the Insurance Company is not prepared to effect compromise for the reason that a question of law is involved which requires judicial adjudication. We are left with no doubt in our mind that in view of the final judgment of the Apex Court, no question of law remains to be decided. The judgment is very succinct and clear. Interpretation made leaves no scope for doubt whatsoever as to the provisions of law. It is clear that the carrier of a gratuitous passenger, when it is insured with an insurance company is liable under the new Act.