UNITED INDIA INSURANCE CO. LTD Vs. KALYAN SINGH

JUDGEMENT

(1.) The appellant-Insurance Company has assailed the validity of award dtd. 30/7/2008 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal), whereby a sum of Rs.1,44,400.00has been awarded as compensation in favour of the claimant/respondent No.1, which as per the award, is to be paid by the appellant-Insurance Company with a right to recover the same from the owner i.e. respondent No. 2.

(2.) Before coming to the contentions raised in the appeal, it would be apt to have a brief background of the facts leading to the filing of this appeal. It appears that on 14/6/1999, respondent No. 1 boarded a truck bearing registration No. JK02E 5195 at Pull Doda. The vehicle in question suffered an accident due to rash and negligent driving of its driver, which resulted in injuries to five passengers travelling in the truck including respondent No. 1 herein.

(3.) It seems that as a result of the injuries, respondent No. 1 suffered permanent disability of 20% of his left lower limb. He filed a claim petition before the Tribunal impleading the appellant-Insurance Company and owner of the offending truck as respondents. The learned Tribunal after recording the evidence of the parties, awarded a sum of Rs.1,44,400.00 alongwith interest @ 7.5% per month in favour of respondent No. 1, injured. The Tribunal on the basis of the evidence led in the case also found that respondent No. 1, injured was travelling as a gratuitous passenger in the truck in question, as such, risk to his life was not covered under the terms of the policy of the insurance. However, the Tribunal directed that award shall be satisfied by the appellant-Insurance Company in the first instance and thereafter, the same shall be recoverable from the owner, respondent No. 2 herein.