New India Assurance Co. Ltd v. Marami Das and 3 Ors

JUDGMENT AND ORDER

(CAV) Heard Mr. S. Dutta, learned senior counsel representing the appellant as well as Mrs. C. Das, learned counsel appearing for the respondents.

¶2This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 16.07.2013 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup in MAC Case No.341/2006.

¶3On 20.11.2005, Lt. Nitai Das was travelling in a Pick-Up Truck bearing Registration No.AS-01-T-0179. The vehicle met with an accident and Nitai Das sustained injuries. He succumbed to his injuries on 14.01.2006.

¶4The Tribunal held that the deceased was a gratuitous passenger and Page No.# 3/4 the concerned insurance policy did not cover such passenger. In spite of that, the Tribunal directed the Insurance Company to pay the compensation with liberty to recover the same from the owner of the vehicle.

¶5The learned senior counsel Mr. S. Dutta has relied upon a decision of the Supreme Court that was delivered in National Insurance Co. Ltd. v. Bommithi Subbhayamma, (2005) 12 SCC 243. Paragraphs 7 and 11 of the said judgment are quoted as under: "7. In Asha Rani [(2003) 2 SCC 223 : 2003 SCC (Cri) 493 : (2002) 9 Scale 172] this Court while overruling Satpal Singh [(2000) 1 SCC 237 : 2000 SCC (Cri) 130] has clearly held that the Insurance Company is not liable for payment of any compensation for death of a gratuitous passenger travelling in a goods vehicle.

¶11In view of the aforementioned authoritative pronouncements of this Court, the impugned judgment of the High Court cannot be sustained which is set aside, accordingly. This appeal is allowed. We, however, make it clear that the claimant respondents will be entitled to recover the amount of compensation granted in their favour by the Motor Vehicles Accidents Claims Tribunal from the owner of the vehicle. No costs."

¶6Mr. Dutta submits that the impugned judgment deserves to be modified to the extent that the direction given by the Tribunal to go for pay recovery of the compensation should be set aside.

¶7I have given my anxious considerations to the submissions made by the learned counsels of both sides.

¶8In view of the law laid down in National Insurance Co. Ltd. v. Bommithi Subbhayamma (supra), it can be said that since the Insurance Company is not liable to pay compensation for the death of gratuitous Page No.# 4/4 passengers travelling in goods vehicles, the Tribunal committed error by directing the Insurance Company to pay the compensation and to go for recovery of the same from the owner of the vehicle.

¶9Therefore, the appeal is allowed. The impugned judgment stands modified accordingly. The Insurance Company is not liable to pay compensation to the claimant. The claimant is at liberty to recover the compensation granted in their favour by the Tribunal from the owner of the vehicle.

¶10The appeal stands disposed of. Send back the LCR.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010019222014 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./301/2014ooooooooo NEWoINDIAoASSURANCEoCO.oLTD.o HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoAToNEWoINDIAoASSURANCEo BUILDINGo87,oMAHATMAoGANDHIoROAD,oFORT,oMUMBAIo40001oANDo REGIONALoOFFICEoAToG.S.oROAD,oGUWAHATI-5oREPRESENTEDoBYoTHEo CHIEFoREGIONALoMANAGER. VERSUSo MARAMIoDASoando3oORS.o W/OoLATEoDHIRENoDAS 2:MAHENDRAoDASo@oKALITA oS/OoLATEoPHANIDHARoDAS oBOTHoAREoRESIDENTSoOFoVILL.oRAIPARA oMOUZAoBOKO oP.O.oandoP.S.BOKO oDIST.oKAMRUP oASSAM. 3:MD.IMTAZoHUSSAIN oS/OoMD.oANOWARoHUSSAIN oVILL.oDHEKENABARI oP.O.CHHAYGAON oDIST.oKAMRUP oASSAMo781124oOWNERoOFoTHEoVEHICELoBEARINGoNO.oAS-01-T/0179oPICKo UPoVAN 4:MADANoCH.oSARKAR oS/OoLATEoANILoSARKAR Page No.# 2/4 P.O. and P.S. CHHAYGAON DIST. KAMRUP ASSAM 781124 DRIVER OF THE VEHICEL BEARING NO. AS-01-T/0179 PICK UP VA Advocate for the Petitioner : MR.C SHARMA Advocate for the Respondent : MRS. S KHATANIAR (R-1,2) PRESENT THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA For the Appellant: Mr. S. Dutta, Senior Advocate. For the Respondents: Mrs. C. Das, Advocate. Date of Hearing: 14.03.2023. Date of Judgment: 16.03.2023.