NEW INDIA ASSURANCE CO LTD Vs. VEENA DEVI

JUDGEMENT

(1.) Appellant New India Assurance Co. Ltd. is aggrieved by the award dated 14.9.1998 of Motor Accidents Claims Tribunal, Rampur Bushahr, whereby liability for payment of compensation awarded to respondents Veena Devi and others, the dependants of deceased Devku Devi, who died in an accident of a truck, has been imposed upon it (the appellant) on account of its being the insurer.

(2.) Appellant's plea is that the deceased was a gratuitous passenger on board the truck and this fact is borne out from the evidence and the pleadings and, therefore, the liability could not have been imposed upon it.

(3.) I have heard the learned counsel for the parties and perused the record.