SHRIRAM GENERAL INSURANCE COM LTD Vs. SANGEETA DEVI

JUDGEMENT

(1.) Since both, FAO No. 201 of 2015, and, FAO No. 451 of 2015, respectively appertain, to, the, ill-fated mishap, hence involving the offending vehicle concerned, and, when the aggrieved therefrom, the, insurer whereuponwhom, the, apposite indemnificatory liability stand fastened, rests, a, common contest qua therewith, in, both the afore appeals, thereupon, both the afore appeals, are, amenable, for, a common verdict being pronounced thereon.

(2.) In MAC petition No. 0100083 of 2011, wherefrom FAO No. 201 of 2015 has arisen, the learned MACT hence assessed, vis-a-vis, claimants compensation amount, borne in a sum of Rs. 25,00,000/-, and, thereon levied interest, at the rate of 6% per annum, from the date of petition, till realization, and, along therewith imposed costs of Rs. 4,000/-, and, in MAC Petition No. 0100082, wherefrom FAO No. 451 of 2015 arisen, the learned MACT assessed, vis-a-vis, claimants compensation amount borne in the sums of Rs. 11,40,000/-, and, thereon levied interest at the rate of 6% per annum, from the date of petition,till realization and along therewith imposed costs of Rs. 4,000/-, and, in both the afore MAC Petitions, the, apposite idemnificatory liability(ies), stood fastened, upon the insurer, of, the offending vehicle.

(3.) The learned counsel appearing for the insurer, has not projected any resistance, vis-a-vis, the validity, of, the findings, returned by the learned MACT, upon the issue, appertaining to the ill-fated mishap, being a sequel of negligence, on the part of the driver of the offending vehicle, rather, the contest, in, both the afore FAOs, is centered upon, (a) with the Registration Certificate, appertaining to the offending vehicle concerned, and, as embodied, in the records of MAC petition No. 0100083 of 2011, as, Ext. R-1, and, in the records, of, MAC Petition No. 0100082,stands embodied, as, Ext. R-1, rather, making reflections, vis-a-vis, the offending vehicle being registered, as, a goods vehicle, (b) thereupon, unless, the deceased were evidently traveling therein, along with their goods, hence laden thereon, (c) thereupon, the, fastening of the apposite idemnificatory liability(s), upon, the insurer being grossly inapt. He further contends that, though, the investigation report, as, borne in Mark 'B' in MAC petition No. 0100083 of 2011, and, as borne in Mark 'B' of MAC Petition No. 0100082, respectively, not making disclosures, vis-a-vis, the offending vehicle, at the relevant time, hence carrying any goods, (d) thereupon an inference, is sparked, vis-a-vis, the deceased in both the afore appeals, being aboard, upon, the offending vehicle, as, gratuitous passengers, and, hence, the, fastening of, the, idemnificatory liability, upon, the insurer, being legally frail. However, in making the afore submissions, the learned counsel for the insurer, is grossly unmindful, vis-avis, the recitals, borne in Ext. PW-1/B, and, in Ext. RW-1/C, and, also, vis-a-vis, the recitals borne in Ext. PW-1/C, existing, on, file of MAC petition No. 0100083 of 2011, all exhibit(s) whereof, rather make graphic echoings, vis-a-vis, (a) garlic bags, (b) and, furniture existing, on the relevant spot. Besides with, RW-2 in his deposition, making also echoings, vis-a-vis, the offending vehicle, at the relevant, time being laden, with furniture, owned by deceased Chhaya Ram, and, also qua garlic bags owned, by deceased Roop Lal, also being laden thereon, (c) and, with the afore echoings, borne in the afore exhibits, and, also with the afore testification, rendered by RW-2, rather remaining uneroded, (d) thereupon, the ensuing conclusion, therefrom, is, qua, the afore deceased Chhaya Ram, and, deceased Roop Lal, at the relevant time, being aboard the offending vehicle, not in the capacity, of, gratuitous passengers, rather, theirs travelling, therein alongwith the afore goods, (e) and, thereupon their LRs, on their demise, had a valid right, by respectively constituting claim petitions, for hence therethrough, compensation being assessed, qua them, and, also, the, saddling of indemnificatory liability(ies) qua therewith, upon, the insurer of the offending vehicle, given, qua the offending vehicle, standing insured, with the insurance company concerned, being merit worthy.