KAILASH KUMARI Vs. BHOLA

JUDGEMENT

(1.) THE claimants have applied under Section 92a of the Motor Vehicles Act, 1939, for directing respondent No. 5 to pay the sum of Rs. 15,000 along with interest at the rate of 12 per cent. per annum during the pendency of the appeal.

(2.) COUNSEL for respondent No. 5 opposes the prayer and contends that the insurance company having been absolved in the impugned judgment on the ground that the passenger was a gratuitous person, the company was not liable to make the payment under Section 92 A of the Act.

(3.) THE factum of the vehicle being insured with the respondent-company and the cause of accident being the negligence of the driver are undisputed. It is stated that a similar application was moved before the Tribunal but somehow or other no order was passed on the said application.