High Court · 2006
Case Details
Judgment
This appeal is filed by the appellant/respondent No.3 aggrieved by the award of compensation of Rs.1,50,000/- to the claim petitioners in O.P.No.613 of 2000 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Ranga Reddy District, by award and decree dated 17.07.2004.
2. Learned counsel the appellant-insurance company
contended that Smt.K.Laxmamma (hereinafter referred as “the deceased”) was a gratuitous passenger in the lorry bearing No.AHT
7350. She was not travelling with any goods. There is no evidence to believe that the deceased engaged the lorry and travelling with goods the said lorry. Even then, the Tribunal held appellant/insurer and owner of the vehicle are jointly and severally liable to pay compensation. In support thereof, learned counsel for the appellant relied on the decision in New India Assurance Company Limited v. Asha Rani & Ors.1
3. On the other hand, learned counsel respondents 1 and 2/claimants contended that even if it is believed that the deceased was a gratuitous passenger in the said lorry, as per the decision rendered by the Hon’ble Supreme court in Manuara Khatun & Ors. v. Rajesh Kr. Singh & Ors.2, respondents/claimants