ORIENTAL INSURANCE CO.LTD Vs. RATANI BAI

JUDGEMENT

(1.) This misc. appeal has been filed by the appellant against the award dated 24th July, 2007 passed by learned Judge, Addl. District & Sessions Judge (Fast Track) No. 1 Bundi (for short 'the learned Tribunal') in claim case No. 283/05. Brief facts of the case are that on 15th August, 1994 the deceased Ramlal alongwith Tejmal was going in truck bearing No. RJ-14-G-0587. The truck driver was driving the truck rashly and negligent and hit the other truck bearing No. RJ-G-780 which was parked in the side of road resulting in both of them succumbing to injuries.

(2.) F.I.R. was lodged regarding this incident. Thereafter, claimant respondents filed claim petition before the learned Tribunal. Notices were issued. Written statement was filed. The issues were framed. Thereafter, the learned Tribunal after hearing both the parties passed the impugned award. Hence, this misc. appeal before this Court.

(3.) Learned Counsel for the appellant submits that the learned Tribunal has erred in holding that the company has failed to establish that the deceased was travelling as gratuitous passenger. The burden of proof lies on the claimant that he is not travelling as gratuitous passenger and in this regard any evidence has not been submitted. From the statement of A.W. 5 Nanakram it is clear that this witness does not say anything in his evidence that the deceased was travelling in the capacity of goods owner. Therefore, the impugned award passed by the learned Claims Tribunal be quashed and set aside and the appellant Insurance Company be exonerated from its liability.