RAJINDER SINGH AND ANOTHER Vs. LEELA AND OTHERS

JUDGEMENT

(1.) The above titled two appeals arise out of the award dated 11.05.2011 passed by learned Motor Accidents Claims Tribunal, Karnal (for short, "the Tribunal"). Leela and others, the claimants brought a claim petition under section 166 of the Motor Vehicles Act, 1988 [for short "the Act"] on the death of Ram Kumar that occurred in a roadside accident that took place on 30.6.2009. Their claim petition has been allowed by learned Tribunal in a sum of Rs. 18,32,088/-.

(2.) While allowing the claim petition, learned Tribunal exonerated the insurance company of its liability to satisfy the award on the ground that the deceased was travelling as unauthorized/gratuitous passenger in a tanker bearing registration No.HR-65-1151 and the insurance policy did not cover him and, therefore, the insurance company is not liable to pay the compensation.

(3.) While FAO No.5122 of 2011 has been brought by the driver and owner of the tanker in question challenging the award on various grounds including the negligence and liability, FAO No. 6601 of 2011 has been brought by the claimants challenging the exoneration of the insurance company from liability and not directing the insurance company to pay the compensation to the claimants in the first instance and then recover the amount so paid from the owner and driver of the vehicle.