RAM CHANDER Vs. THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS order will dispose of F.A.O. No. 1086 of 2002 (Ram Chander & another v. Oriental Insurance Co. Ltd. & another) and F.A.O. No. 1053 of 2001 (Ashwani Kumar & Others v. Bhajan Kaur & others) as the law points involved in both these cases are the same.

(2.) THE facts have been taken from F.A.O. No. 1068 of 2002 (Ram Chander and another v. Oriental Insurance Co. Ltd. and another). On 2.4.1998 at about 2.45 A.M. claimant Rajbir Singh was travelling in a truck bearing No. HR-46/2575, being driven by respondent No. 1 Mohinder Singh and owned by Ram Chander, respondent No. 2 and insured with the Oriental Insurance Company, respondent No. 3. The aforesaid truck met with an accident with another truck as the offending truck was being driven rashly and negligently and Rajbir Singh claimant sustained injuries. He thereafter filed a claim petition praying that he was entitled to Rs. 3,50,000/- by way of compensation. The respondents filed their written statements, on which the following issues were framed :-

(3.) THEIR primary grievance is that in the light of the subsequent judgments of the Hon'ble Supreme Court, the Insurance Company was liable to pay the compensation even in respect of injuries suffered by a gratuitous passenger.