NEW INDIA ASSURANCE CO LTD Vs. USHA RANI

JUDGEMENT

(1.) THIS judgment of mine will dispose of F.A.O. No. 226 of 1986 filed by the New India Assurance Company Ltd. and Cross Objection No. 58 -CII of 1993 filed by the claimants as the same have arisen out of common award of the Motor Accidents claims Tribunal Faridabad. The appeal has been filed by the Insurance Company challenging its liability to pay compensation whereas the cross objections have been filed by the claimants seeking enhancement of the compensation.

(2.) THE challenge to the award is that the deceased, Siri Ram was travelling on the truck as a gratuitous passenger. As such no liability can be fastened on the Insurance Company.

(3.) THE Motor Accidents Claims Tribunal, Faridabad, on a claim petition under Section 110 -A of the Motor Vehicles Act had awarded a sum of Rs. 40,000/ - as compensation to the widow of the deceased Siri Ram and her minor children and the liability to pay compensation was fastened on the Insurance Company as the truck in question was insured with it.