SURJIT SINGH Vs. JAGRAJ SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of six appeals being FAO Nos. 485, 486, 487, 488, 489 and 500 of 2003 filed by the claimants as they arise out of the same accident. The appeals have been filed in a similar point and the same point is in issue in all the appeals.

(2.) THE brief facts necessary for decision of the case are that the victims in all the six cases were travelling as passengers in Tractor Trolly No. PB 05B 3175. They were going from their village Sadhuwala to Pir Nigaha temple on 30.3.1998. At about 8.30 a.m. when the tractor trolley reached their village Palkwah it turned turtle resulting in the death of the six victims. The heirs of the victims filed six separate claim petitions for compensation Under Section 166 of the Motor Vehicles Act. The claim petitions were only contested by the Insurance Company and the owner cum driver of the tractor Jagraj Singh remained ex parte. The Insurance Company took up the plea that it was not liable to pay the compensation since the deceased were travelling as unauthorized/illegal passengers in the tractor in question. The learned Tribunal held that the accident occurred due to the rash and negligent driving of Jagraj Singh, owner cum driver of the tractor and awarded compensation in accordance with the principles laid down by the Apex Court in a number of judgments. He however held that the Insurance Company was not liable to pay the compensation in view of the pronouncement of the Apex Court in Nero India Assurance Co. Ltd. v. Asha Rani and Ors. as well as Oriental Insurance Co. Ltd. v. Devireddy Konda Reddi and Ors. 2003 SCC 1009.

(3.) MR . Naveen Bhardwaj, learned Counsel for the Insurance Company has at the outset very fairly conceded that he does not press the appeals in so far as the enhancement of compensation is concerned since the amount awarded in each of the claim petitions is just and reasonable. He however submits that the Insurance Company should be held liable to pay the compensation amount or in the alternative the Insurance Company should be asked to satisfy the award and should be given the right to recover the amount deposited by it from the owner.