ORIENTAL INSURANCE CO LTD Vs. GEETA

JUDGEMENT

(1.) When this matter came up for consideration on 29.3.2004, notice was confined to the owner of the vehicle, i.e., Dhian Swaroop Sharma (he is reported to have died during pendency of this appeal and his sole L.R. was brought on record, vide order dated 15.9.2004).

(2.) Mr. Sharma, on behalf of appellant, submitted that looking to the decisions of the Apex Court in National Insurance Co. Ltd. v. Baljit Kaur, 2004 ACJ 428 (SC); Oriental Insurance Co. Ltd. v. Nanjappan, 2004 ACJ 721 (SC) and National Insurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC), his client may be permitted to recover this amount after having indemnified the respondent Nos. 1 to 5 in terms of the impugned award dated 5.12.2003. Thus, he prayed for modification of the said award to this extent only.

(3.) With a view to advance the case of his client on the aforesaid line, Mr. Sharma referred to the statement of Geeta, RW 1, widow of the deceased. In her cross-examination, she has categorically stated that her husband had boarded the vehicle on payment of fare. However, she was unable to state the exact amount paid by her. Further, by referring to Exh. R2, he pointed out that no premium had been charged by his client for a fare paying passenger like the deceased. Liability, if any, after amendment of Motor Vehicles Act, 1988 in 1994, of his client is qua the owner of the goods and/or his representative, besides others mentioned in IMT-13 of insurance policy, Exh. R2. Thus for a passenger like deceased in the present case, no risk is covered nor is required to be covered in Exh. R2. Admittedly, respondent Nos. 1 to 5-claimants are the dependants/legal representatives of the deceased.