NATIONAL INSURANCE CO. LTD. Vs. NARBADA

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellant against the judgment dated 17.12.1993 passed by the Motor Accident Claims Tribunal (1st), Ajmer (hereinafter referred to as 'the Tribunal') in Claim Case No. 03/1990, whereby the learned Tribunal awarded a sum of Rs. 2,77,680/- as compensation in favour of the claimants alongwith interest @ 15% p.a. w.e.f.

(2.) 1.1990 till realization. 2. Brief facts giving rise to the present appeal are that Dy. Commissioner of Income Tax, Jodhpur was transferred to Bhopal. Deceased Jaswant Singh, who was an employee in the Income Tax Department, was transporting the goods belonging to Dy. Commissioner, Income Tax Department in Truck bearing No. RPK 621 alongwith one Tara Chand. On 1.7.1989, about 7 kms. away from Nasirabad, driver of the aforesaid Truck drove it rashly and negligently, as a result of which the truck went off the road and collided with the tree. Owing to the accident, Jaswant Singh succumbed to the injuries on 16.7.1989. The claimants of the deceased Jaswant Singh filed a claim petition before the Tribunal. Summons were issued. The non claimants except non claimant no.2 i.e., owner of the offending vehicle had put appearance. Issues were framed. After hearing the parties, the Tribuna Brief facts giving rise to the present appeal are that Dy. Commissioner of Income Tax, Jodhpur was transferred to Bhopal. Deceased Jaswant Singh, who was an employee in the Income Tax Department, was transporting the goods belonging to Dy. Commissioner, Income Tax Department in Truck bearing No. RPK 621 alongwith one Tara Chand. On 1.7.1989, about 7 kms. away from Nasirabad, driver of the aforesaid Truck drove it rashly and negligently, as a result of which the truck went off the road and collided with the tree. Owing to the accident, Jaswant Singh succumbed to the injuries on 16.7.1989. The claimants of the deceased Jaswant Singh filed a claim petition before the Tribunal. Summons were issued. The non claimants except non claimant no.2 i.e., owner of the offending vehicle had put appearance. Issues were framed. After hearing the parties, the Tribunal, vide its judgment dated 17.12.1993, awarded a sum of Rs. 2,77,880/- as compensation in favour of the claimants alongwith interest @ 15% w.e.f. 2.1.1990 till its realization. Hence, the present appeal.

(3.) Learned counsel forthe appellant Insurance Co. submits that the deceased Jaswant Singh was a paid employee of the Income Tax Department posted as "Waterman"and was on duty at Jodhpur on the date of accident. The department has separate staff dealing with loading and unloading of goods. Deceased Jaswant Singh was neither directed by the Department to travel in the truck for any purpose nor was he in the employment of truck owner / goods owner. He further submits that Mr. Ashwani Kumar, owner of the goods neither appeared in the witness box nor stated that the deceased Jaswant Singh was his representative. The services of the deceased were also not utilized for hire or reward by the Truck / Goods Owner. Thu appellant Insurance Co. submits that the deceased Jaswant Singh was a paid employee of the Income Tax Department posted as "Waterman"and was on duty at Jodhpur on the date of accident. The department has separate staff dealing with loading and unloading of goods. Deceased Jaswant Singh was neither directed by the Department to travel in the truck for any purpose nor was he in the employment of truck owner / goods owner. He further submits that Mr. Ashwani Kumar, owner of the goods neither appeared in the witness box nor stated that the deceased Jaswant Singh was his representative. The services of the deceased were also not utilized for hire or reward by the Truck / Goods Owner. Thus, it is amply clear that the deceasedJaswant Singh was a gratuitous passenger whose liability is excluded / not covered under the Insurance Policy. Hence, the Insurance Co. is not liable to pay the compensation and thus, the impugned award is liable to be quashed and set-aside.