NATIONAL INSURANCE CO LTD Vs. MAGHI RAM

JUDGEMENT

(1.) These two appeals are being disposed of by a common judgment since they arise out of one award passed by learned Motor Accidents Claims Tribunal (Second), Shimla on 20.4.2005 in M.A.C. Petition No. 17-S/2 of 2001.

(2.) Maghi Ram, (hereinafter referred to as 'the claimant'), was travelling in a truck No. HP 07-4227 owned by Hari Gopal (hereinafter referred to as 'the owner'), on 3.5.2000. The truck met with an accident. Claimant filed a claim petition in which he alleged that accident had occurred due to rash and negligent driving of the driver. According to the claimant he sustained multiple grievous injuries including fracture of left femur and left wrist. He also alleged that he had hired the truck for bringing empty apple wooden crates from Kalka.

(3.) The owner and driver admitted the accident but denied that the same had occurred due to rash and negligent driving of the truck driver. The owner and driver of the truck who had filed a joint written statement denied the allegation that the truck had been hired by the claimant. National Insurance Co. Ltd. with which the vehicle was insured amongst other pleas also raised a plea that the claimant was not an authorised passenger and that he was travelling in the truck as a gratuitous passenger and, therefore, the insurance company is not liable to pay any compensation. Learned Tribunal came to the conclusion that claimant was entitled to compensation of Rs. 2,07,257 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition. The learned Tribunal also came to the conclusion that the claimant was not travelling in the truck as a hirer thereof. The learned Tribunal accordingly held that insurance company was not liable to reimburse the owner but directed that the insurance company should satisfy the award and it would be entitled to recover the same from the owner.