NATIONAL INSURANCE COMPANY LTD. Vs. SAFOORA KHATOON

JUDGEMENT

(1.) The claimants have been awarded compensation to the tune of Rs.5,63,320.00 along with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount by the Tribunal. The appellant-Insurance Company has challenged the award passed by the learned Tribunal on the ground that as the deceased was gratuitous passenger, therefore, the liability could not be be fastened upon the Insurance Company by the Tribunal. The appellant has also challenged the multiplier applied by the Tribunal while assessing the compensation in favour of the claimants as also the other heads under which the compensation has been awarded by the Tribunal.

(2.) The accident occurred on 22/10/2002 due to the rash and negligent driving of the driver of the vehicle No. 7983/JK02A and resulted in the death of Dilawar Ahmad is not in dispute.

(3.) The main ground taken by the appellant is that the deceased was gratuitous passenger of the 'Oil Tanker' and as the vehicle was being plied by the driver of the vehicle at the time of accident in contravention of the provisions of the Motor Vehicle Act and the Rules made thereunder and the policy, therefore, the insurer company is not liable to pay the compensation awarded by the Tribunal. The other side has argued that the appellant has been rightly directed by the Tribunal to pay the compensation in favour of the claimants in the petition.