DARSHAN SINGH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The only issue raised in this appeal is whether claimants are entitled to claim, and the Insurance Company liable to pay, compensation on account of death of gratuitous passengers traveling in a goods carrier (Truck). The matter is no longer res-integra as the learned Single Judge has rightly placed reliance on the judgment of Hon'ble the Supreme Court rendered in the case of National Insurance Company Ltd. v. Cholleti Bharatamma & Ors, 2008 1 SCC 423. There are score of other judgments covering the issue against the claimant including the judgments ren dered in the cases of National Insurance Company Ltd. v. Baljit Kaur & ors, 2004 ACJ 428 & National Insurance Company Ltd. v. Prema Devi & ors, 2008 AIR(SCW) 2023.

(2.) It is, therefore, well settled that gratuitous passenger traveling in a goods carrier causing his death cannot claim any compensation from the insurance company in case such a vehicle meets with an accident and the Insurance Company would not be liable to pay compensation under the insurance cover.

(3.) The appeal does not merit admission and the same is, accordingly, dismissed.