Bajaj Allianz General Ins. Co. Ltd. vs Satya Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(J&K) 6

Bajaj Allianz General Ins. Co. Ltd. – Appellant
Versus
Satya Devi – Respondent

Advocates Appeared:
For the Appellants :Mr. Vishnu Gupta Advocate
For the Respondents:Mr. Amrit Sarin and Mr. Achal Sharma, Advocates

JUDGMENT :

1. Bajaj Allianz General Insurance Co. Ltd. (hereinafter referred to as the “insurer”) is in appeal against the award dated 30.11.2013 passed by the Motor Accidents Claim Tribunal, Udhampur (hereinafter referred to as the “Tribunal”) in File No. 53/Claim titled “Satya Devi and others vs. Guddi and others.

2. By virtue of the award impugned, the Tribunal has awarded a compensation of Rs.6,27,000/- along with interest @ 6% per annum from the date of the claim petition till the amount is realized. The award impugned is assailed by the insurer primarily on the ground that the deceased was a gratuitous passenger travelling in the offending vehicle and, therefore, the insurer was not liable to indemnify the owner and pay the compensation to respondent Nos. 1 to 6 (hereafter referred to as the “claimants”).

3. Briefly stated, the facts leading to the filing of this appeal, as gatherable from the pleadings of the parties, are:

On 25.06.2009, a Truck bearing registration No. JK02S/1127 (hereinafter referred to as the “offending vehicle”) which was being driven rashly and negligently by its driver Munshi Ram met with an accident near Samroli (Kud) resulting into death of one Onkar Sin