RAM MEHAR Vs. BIMLA DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the driver-cum-owner of offending vehicle challenging the impugned award whereby claimant-respondent Nos. 1 and 2 have been awarded compensation for the death of one Balwinder Singh and the insurer has been absolved from its liability to pay.

(2.) THE brief facts necessary for disposal of this appeal are that one Balwinder Singh died in a motor vehicle accident on 10.3.2007 due to rash and negligent driving of one Alto car bearing registration No. HR 08-G 4578 by the appellant. THE respondents-claimants filed claim petition seeking compensation.

(3.) HOWEVER, the Tribunal further held that since no extra premium was paid by the insured to cover any gratuitous passengers, the insurer cannot be held liable to pay any compensation on account of death of Balwinder Singh who was admittedly a gratuitous passenger.