NEW INDIA ASSURANCE COMPANY LIMITED Vs. RODI

JUDGEMENT

(1.) THE insurer of truck bearing registration number DEL-130 has preferred this appeal under Section 173 of the Motor Vehicles Act against the award dated 29. 6. 1996 made by the Motor Accident Claims Tribunal, Dungarpur (`the Tribunal') in Claim Case No. 5/1992 in so far the Tribunal has refused to exonerate the insurer from its liability for compensation arising out of an accident of the said truck on the ground that the victim was a gratuitous passenger in the vehicle and the insurer has not covered any such risk.

(2.) BRIEF facts relevant for determination of the questions involved in this appeal are that the respondents No. 1, 2 & 3 Smt. Rodi, Smt. Roopa and Bhera filed a claim application on 6. 12. 1991 before the Tribunal against Dilip Chand @ Pappuram Bhatia and Bharat Bhushan S/o Dilip Chand Bhatia, both residents of L-117/6, Laxmanpur, Pahadganj, New Delhi in the capacity of respectively the driver and owner of the vehicle and the appellant New India Insurance Company as the insurer. it was averred that he claimants were respectively the wife, mother and father of deceased Kaluram Rawat Meena aged about 27 years and that the non-applicant No. 2, Bharat Bhushan was the employer of the deceased and it was alleged that the deceased was working on his vehicle DEL 130 as a labourer.

(3.) THE comprehensive question in issue No. 1 about the incident and its cause and resultant injuries and death of Kaluram was decided in favour of the claimants with reference to the statement of PW. 2 Ganesh, who was also travelling in the same truck and so also the documentary evidence. In issue No. 2, it was found that the vehicle was of the ownership of the non-applicant No. 2 and it was being driven by the non-applicant No. 1 in the employment of the owner.