NATINAL INSURANCE CO LTD Vs. PASMI DEVI

JUDGEMENT

(1.) By this judgment three appeals being F.A.O. Nos. 175, 176 and 178 of 2003 are being disposed of as they arise out of the same accident and the points involved are similar.

(2.) Truck No. HP-10 0821 belongs to respondent Sanjeev Kumar. Respondent Gulshan Datta was the driver of the said truck. This truck met with an accident on 12.4.2000 at about 4.30 p.m. All the three deceased travelling in the said truck died. The legal heirs of the victims filed the claim petitions.

(3.) F.A.O. No. 175 of 2003 arises out of Claim Petition No. 87-S/2 of 2001/2000 in which the claimants are the widow and children of late Nagru Ram. In this claim petition it was alleged that the deceased was a daily-wage beldar. It was further stated that the deceased was engaged as a labourer by one Durga Singh, owner of the cement and other construction material, which was being carried in the truck. It was stated that the deceased Nagru Ram had boarded the truck at Kharapather on the asking of Durga Singh. In the reply filed by the owner and driver these facts were not denied. The insurance company took up the plea that the deceased was an unauthorised/gratuitous passenger in the vehicle. A plea was also raised that the insurance company was not liable to pay compensation as there is no coverage with regard to such passengers.