SONU Vs. BALBIR SINGH

JUDGEMENT

(1.) F . A. O. No. 562 of 1992 and 260 of 1993 are being disposed of by this common judgment as they have arisen out of common award of Motor Accident Claims Tribunal, Bhiwani dismissing claim petition Nos. 58 and 68 of 1991. F. A. O. No. 562 of 1992 has been filed by Sonu and another seeking compensation on account of death of their mother Azad Devi in a road accident on 1. 4. 1991 F. A. O. No. 260 of 1993 has been filed by Ram Bhagat for setting aside the award of Motor Accident Claims Tribunal whereby his claim petition seeking compensation for the injuries sustained by him has been dismissed. The claim petitions were dismissed on the ground that Azad Devi and Ram Bhagat were travelling as gratuitous passengers and as such are not entitled to any compensation. In both these appeal, the award of Motor Accident Claims Tribunal has been impugned on the ground that Azad Devi and Ram Bhagat cannot be termed as gratuitous passengers.

(2.) THE brief facts of the case are that on 1. 4. 1991, Azad Devi alongwith her two minor sons was going towards Dadri on tractor bearing registration No. HYD-2579, which was being driven by the husband of Azad Devi. On way, Ram Bhagat stopped the tractor and took a lift. While tractor was proceeding towards Dadri, a truck bearing registration No. PBW-8095 which was coming from behind and was driven in a rash and negligent manner by the driver Balbir Singh, respondent struck against the tractor from behind. As a impact of accident, Azad Devi, her husband Jagdish and their children Sonu and Monu were thrown in the ditches alongwith the tractor. Azad Devi died at the spot. Jagdish had received multiple injuries and died on way to the hospital, Jagdish, Sonu and Monu had also sustained injuries in the said accident. Jagdish died on way to the hospital due to serious injuries sustained by him. Ram Bhagat claimant had also received injuries on his right hand, shoulder, right ear, right leg and ankle etc.

(3.) THE counsel for the claimants has argued that the offending truck bearing registration No. PBW-8095 was duly insured with the Insurance Company and the accident was caused due to rash and negligent driving of truck by Balbir Singh respondent and as such the Insurance Company cannot be absolved of the liability to pay compensation. The counsel further contended that the claimants be awarded adequate compensation for the death of their mother Azad Devi. The counsel further contended that Azad Devi (since deceased) and Ram Bhagat should not have been termed as gratuitous passengers.