MISS PURNIMA GOEL Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The appellant had filed a claim petition before the Motor Accident Claims Tribunal, Faridabad for claiming compensation for the injuries received by her in an accident on 13.3.1984.

(2.) It was claimed that the appellant was riding on the pillion of Hero Majestic Moped No. HRW -3293 which was being driven by respondent No. 2, the owner of the Moped. They were proceeding to Ballabagarh. The Moped was being driven in a rash and negligent manner and when they reached near the Escorts Plant No. 1 on Mathura Road, respondent No. 2 did not notice the car coming from the other direction and lost balance on spotting the car. Resultantly, the Moped hit the road -divider. The appellants sustained right wrist fracture.

(3.) On a consideration of oral and documentary evidence, the claim of the appellant was accepted by the Tribunal vide order dated 9.10.1985 and a sum of Rs. 5,000/ - was determined as compensation payable to her. However, the Tribunal held that the compensation was payable by respondent No. 2 alone. It was held that the Insurance Company, respondent No. 1, could not be held liable in view of Clause (a) of Sec. 1 of the Insurance Policy as it was not the case of the appellant that she was being carried on the Moped by reason of or in pursuance of a contract of employment.