Makhan Singh Vs Mankunwar Bai and Others

@JUDGMENTTAG-ORDER

A.M. Sapre, J.@mdashThis appeal is preferred u/s 153 of the Motor Vehicles Act by the owner of offending vehicle against an award passed by 1st A.M.A.C.T., Shahjapur in Claim Case No. 54/99, decided on 20.1.2000. The issue involved in this appeal is short and legal namely, whether Tribunal was justified in exonerating the Insurance Companies from the liability to pay the interim compensation which is payable u/s 140 of the Motor Vehicles Act. Facts are these:

2. On 28.1.1999, deceased Laxman while travelling in Tractor-trolley/bearing No. MP-13-KA-6341 and Trolley attached to it bearing No. MP-13-KA-1519 met with an accident and died. This led to filing of claim petition by the legal representatives of deceased Laxman claiming compensation under various heads. In substance the allegations are that due to rash and negligent driving of Tractor and Trolley the deceased Laxman died but for no fault of him. It is alleged that at the relevant time, the offending Tractor Trolley was insured with the Insurance Company (respondent Nos. 5 and 6).

3. An application for claiming interim compensation on the principle of No Fault Liability as enunciated u/s 140 ibid was made by the claimants. Though this application was allowed by the learned Tribunal by impugned award, both the Insurance Companies were exonerated from the liability in question. In the opinion of the Tribunal, since the deceased was travelling as a gratuitous passenger on the Trolley as its prima facie looked the Insurance Companies cannot be held liable. Yet another reason was given namely that the Tractor -Trolley was not found to be engaged for the purpose for which it was insured namely, agriculture. It is this award which is under challenge at the instance of the owner of Tractor and Trolley in which the only point that is urged is about the finding on which the Insurance Companies have been exonerated.

4. Heard Mr. S. Patwa, learned Counsel for the appellant, Mr. H.G. Shukla, learned Counsel for respondent No. 5 and Mr. A. Goyal, learned Counsel for the respondent No. 6.

5. Having heard the learned Counsels for parties and having perused the impugned award, I am of the view that this appeal has to be allowed and as a consequence, Insurance Companies have to be made liable to suffer the award which is impugned herein. The question whether Laxman was a gratuitous passenger and whether any liability can be fastened on the Insurance Company because of the status of deceased Laxman being gratuitous passenger is no more res integra is squarely covered by a Supreme Court judgment reported in I New India Assurance Company Vs. Shri Satpal Singh and Others, . In this case Their Lordships have settled this controversy and have ruled that even the liability of a gratuitous passenger travelling in such a vehicle would be covered by the insurance policy and hence Insurance Company is liable. Under these circumstances, it could not have been held that Insurance Companies are exonerated from the liability. So far as other finding is concerned namely, that the Tractor Trolley was being used for any other purposes, than the one mentioned in the policy, in my opinion, such a finding was not called for at the stage of deciding Section 140 application. After all the inquiry to be conducted at the time of deciding Section 140 application is a limited one. All relevant factors being very well present in favour of claimant, for disposal of Section 140 application, they are entitled to implicate the Insurance Companies for payment of the liability in question on the principle of ''no fault liability''.

6. Accordingly and in view of the aforesaid discussion the appeal is allowed. Impugned award is modified and both the Insurance Companies are also made liable to pay the awarded sum jointly and severally along with the other non-applicants namely driver and owner of the vehicle. Needless to say, the Tribunal while deciding the main claim petition would mould the relief depending upon its final outcome after taking into account of interim award.

No cost.