NEW INDIA ASSURANCE COMPANY LIMITED Vs. BABY FAREEDA

JUDGEMENT

(1.) This appeal is filed by the insurance company aggrieved by the judgment and decree dated 23.11.2005 passed in O.P.No.1439 of 2002 by the XXII Additional Chief Judge-cum-Motor Accidents Claims Tribunal, Hyderabad on account of the accident occurred on 05.05.2002, when the claimant and her family members boarded in the cabin of the lorry bearing No. KA 32A 5115, the driver of the said lorry driven it in a rash and negligent manner with high speed and dashed the stationed vehicle bearing No.AP 25 B 4683, for which the lorry bearing No.KA 32A 5115 turned turtle, the claimant loose her left leg and also sustained several injuries.

(2.) On considering the oral and documentary evidence available on record, the tribunal granted compensation of Rs.2,00,000/- with proportionate costs and interest @ 7.5% per annum making the respondents liable to pay the compensation jointly and severally, as against the claim of Rs.3,00,000/-.

(3.) Learned standing counsel for the insurance company contended that since the claimants were gratuitous passengers in a goods vehicle, in which case the liability for payment of compensation for death or body injury to the passengers of such goods vehicle would not be covered, hence the principle of pay and recover would not apply.