BANTO DEVI Vs. MAHABIR PARSHAD

JUDGEMENT

(1.) THIS appeal has been filed by the claimants against the award of the Motor Accident Claims Tribunal, Kurukshetra dated 3.3.1994.

(2.) THE claimants are the legal heirs of Harkesh Lal, who had died in a road accident on 3.6.1991 involving Truck No. HYF 9016 owned by respondent No. 2 and was insured by respondent No. 3. They filed a claim petition claiming a sum of Rs. 10 lacs as compensation before the Motor Accident Claims Tribunal. Kurukshetra. After going through the evidence produced before it, the Tribunal awarded a sum of Rs. 1,51,200/- as compensation. The Insurance Company was absolved of its liability to pay the compensation on the ground that the deceased was a gratuitous passenger in the vehicle and as such Insurance Co. was not liable to pay compensation to the claimants.

(3.) MR . Talwar appearing on behalf of the Insurance Company-respondent No. 3 fairly concedes this position. Accordingly, this point has to be decided in favour of the claimants.