Case Note & Summary
The appeal was filed by New India Assurance Company Limited against the judgment and award dated 5th July 1995 passed by the Motor Accident Claims Tribunal, Amravati in Claim Petition No. 41/1990. The Tribunal had held the appellant along with other non-applicants jointly and severally liable to pay compensation of Rs. 19,500 with interest at 12% per annum from the date of application till realization. The facts are that on 16th January 1990 at 1:30 p.m., the claimant, aged about 21 years and an agricultural labourer, was travelling from Sarul to Talegaon Dashasar in a heavy goods vehicle (truck) bearing Registration No. MCI 1043 insured with the appellant during the validity period from 17th February 1989 to 16th February 1990. The truck was owned by Pramod Babulal (Non-applicant No.2) and was proceeding from Amravati via Talegaon loaded with metal. The driver stopped the truck near Kharda Fata and allowed the claimant to travel towards Talegaon upon request. The non-applicant No.1 drove the truck negligently and at high speed, and while attempting to overtake a bicycle, lost control and turned turtle. The claimant, who was in the rear portion of the truck, sustained injuries on his head, chest, and backside, including a fracture to the 12th vertebra. He was taken to Irwin Hospital at Amravati and was an indoor patient for about 15 days, and thereafter underwent medical treatment under Dr. Phadke. The claimant sustained a fracture and cannot work as before the accident. Dr. Phadke issued a medical certificate Exh. 43 in support of the claim. The legal issue was whether the insurer is liable to pay compensation for injuries sustained by a gratuitous passenger in a goods vehicle. The court, after considering the facts and circumstances, dismissed the appeal and upheld the award, holding that the insurer is liable as the policy covered third-party risks and the accident occurred during the validity period.
Headnote
A) Motor Accident Claims - Gratuitous Passenger - Liability of Insurer - The insurer is liable to pay compensation for injuries sustained by a gratuitous passenger in a goods vehicle, as the policy covers third-party risks and the accident occurred during the validity period. The court upheld the award of Rs. 19,500 with 12% interest per annum from the date of application till realization. (Paras 1-3)
Issue of Consideration
Whether the insurer is liable to pay compensation for injuries sustained by a gratuitous passenger travelling in a goods vehicle at the time of accident.
Final Decision
The appeal is dismissed. The judgment and award dated 5th July 1995 passed by the learned Member, Motor Accident Claims Tribunal, Amravati in Claim Petition No. 41/1990 is upheld. No order as to costs.
Law Points
- Liability of insurer for gratuitous passenger in goods vehicle
- Joint and several liability of owner and insurer
- Compensation for personal injury in motor accident
- Interest rate on compensation
