DEEP CHAND Vs. KHATUN

JUDGEMENT

(1.) THIS misc. appeal has been filed by the non -claimant appellants against the award dated 7.1.1999 passed by the Motor Accident Claims Tribunal, Dausa in Claim Case No. 92/94 whereby an award has been passed in favour of the claimant respondents because of the death of one Peeru. The claim applications were filed by widow and sons of the deceased.

(2.) THE accident had occurred on 1.3.1994 when the deceased was travelling in tractor No. RJ -05 -R -475 which was being driven by respondent No. 6. The tractor was comprehensively insured with the respondent No. 7.

(3.) BOTH the parties have relied on the judgment in the case of New India Assurance Company v. Satpal Singh and Ors. : AIR2000SC235 wherein a plea was taken by the Insurance Company to the effect that it was not liable to compensate the death of gratuitous passenger in the vehicle. The Apex Court had held that under the new Act an insurance policy covering third -party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type of class. Hence, the decision of rendered under the old Act vis -a -vis gratuitous passengers are of no avail while considering the liability of the Insurance Company in respect of any accident which occurred or would occur after the new Act came into force.