UNITED INDIA INSURANCE COMPANY Vs. SURINDER KUMAR

JUDGEMENT

(1.) BOTH these appeals, one filed by the Insurance Company and one filed by the owner, are being disposed of by a common judgment, since they arise out of the same award.

(2.) BRIEFLY stated, the facts of the case are that the Petitioner, Surinder Kumar, who was working as a mason, was travelling in Mahindra Pick Up No. HP -40 -1839, which was owned by Shri Gian Singh. The vehicle was being driven by Ajay Kumar and it is alleged that he also has another alias, i.e. Maan Singh. The vehicle met with an accident due to the rash and negligent driving of the driver as a result of which the Petitioner suffered injuries. He remained in Hospital at Dharamshala from 13.09.2003 to 10.10.2003. Thereafter, he went to PGI Chandigarh, where he was treated as Out Door Patient for about five days. He alleges that he has become permanent handicapped and claimed compensation of Rs. 5,00,000/ -.

(3.) THE learned Tribunal assessed the total compensation at Rs. 3,62,750/ -and awarded the same with interest @ 71/2% per annum from the date of filing of the petition till the date of actual payment. The learned Tribunal came to the conclusion that the workers were being carried in the vehicle, which had been hired by the contractor and, therefore, they could not be treated as gratuitous passengers. He, however, went out to hold that there was violation of the terms of the policy and, therefore, directed the Insurance Company to first satisfy the award, but held that the Insurance Company was entitled to recover the amount from the owner.