Madhya Pradesh High Court
United India Insurance Co. Ltd. vs Chetan Chand Jain Chaudhary And Ors. on 6 November, 1992
Equivalent citations: 2(1993)ACC16
Author: P.P. Naolekar
Bench: P.P. Naolekar
JUDGMENT P.P. Naolekar, J.
1. One Arvind Kumar Jain, aged about 18 years, boarded truck No. KLF 7931 belonging to Tarapore & Co. (Respondent No. 2), driven by Indrajeet Singh (Respondent No. 3) and insured with the appellant United India Insurance Co. Ltd. is said to have met any accident and Arvind Kumar Jain the d as a result of this accident. His father Chetan Chand Jain filed an application before the Motor Accident Claims Tribunal, Jabalpur for compensation. The Claims Tribunal has given an award of Rs. 26,000/- with interest jointly and severally against the respondents. The present appeal is filed by the Insurance Company contending that Arvind Kumar Jain was a gratis passenger in the truck which met with the accident and as a result of which Arvind Kumar Jain the d and the Insurance Company is not liable for payment of any compensation. If has been held in Kallu Maharaj v. Meena Bai 1989 M.P.L.J. 387 : II (1989) ACC 547 MP (FB) that a person boarding a truck cannot be held to be travelling for hire or reward and as such the person will be gratuitous traveller and the insurer, in the absence of any term to the contrary in the insurance policy, would not be liable for the tortious act of the owner, as this cannot be a requirement of the insurance policy as laid by Section 95(1) of the, Motor Vehicles Act. The deceased Arvind Kumar Jain was neither employed by the respondent No. 2 Tarapore & Company nor by the truck owner nor travelling with his goods carried in the truck and as such he is a gratis passenger for which there is no liability of the Insurance Company. It has not been brought on record by any of the parties that the Insurance policy also covers the liability to pay compensation is case of accident involving a gratis passenger.
2. AS a result thereof, this appeal is allowed and the award passed by the Claims Tribunal is modified to the extent that the compensation amount shall be paid by the respondents 2 and 3 jointly and severally. The Insurance Company is exonerated from payment of compensation. The respondents 2 and 3 shall also pay interest on the amount of compensation of Rs. 26,000/- at the rate of 9% per annum from the date of application till the date of realisation.