NEW INDIA ASSURANCE CO LTD Vs. BACHHI BAI

JUDGEMENT

(1.) The Insurance Company is in appeal challenging the liability on the ground that the deceased was a passenger in a goods carriage. The policy of insurance was also taken with the appellant-Insurance Company by the owner as a goods carrying vehicle. The averment in the petition itself was that the deceased was proceeding from Faridabad to Delhi and he boarded the goods carriage. The statement in evidence was that the deceased was an employee as a Press Operator in M/s Meena Electro Stamping and that he was a hale and hearty person.

(2.) There was a valid policy of insurance and the Tribunal found that the accident had arisen by the negligent driving of the driver and made the insurer and the Insurance Company liable for the compensation.

(3.) It is now contended by the Learned Counsel for the Insurance Company that the deceased was a gratuitous passenger in a goods carriage and, therefore, there was no liability for the insurer to cover the risk to such a person. I have gone through the pleadings and I do not find any defence having been taken by the Insurance Company. I have also seen the evidence of the widow who has been cross examined only to the effect that no such accident had taken place. There is also some cross examinations with reference to the income of the deceased.