MOHINDERJEET SINGH Vs. KAMLA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment rendered by the Motor Accident Claims Tribunal, Fast Track Court, Chamba in M.A.C. No. 1/05/03, dated 4.9.2006. The brief facts necessary for adjudication of the case are that respondents No. 1 to 6 have filed claim petition seeking compensation of Rs. 20,00,000/- on account of death of Ashok Kumar. Ashok Kumar was travelling in a Tanker No. HR-03-9974 on 3.11.2002, owned by the appellants. The accident took place at 12.05 P.M. Ashok Kumar along with driver and conductor of the vehicle died on the spot. Ashok Kumar was employed as ASI in the Police Department and was posted at Kaza.

(2.) The appellants filed their respective reply. According to the appellants, the accident has not taken place due to the negligence of the driver. According to them, the vehicle was fully and comprehensively insured with the Insurance Company at the time of accident. In other words, their submission is that the Insurance Company was liable to indemnify.

(3.) The Insurance Company, in its reply, stated that Ashok Kumar was travelling as gratuitous passenger in the tanker and he was not covered under the Policy. It was mandatory for the owner to have policy under the P.L.I Act, 1991, in addition to the Policy under the Act.