IMPORTANT POINT : Mere payment of premium for three persons for operation as well as maintenance of vehicle in question would not cover both deceased persons as authorized passengers.

Judgment :

All these four appeals have arisen out of a common award dated 10th March 2020 passed by the Motor Accident Claim Tribunal, Srinagar, whereby the Insurance Company has been directed to pay the compensation in favour of the claimants in the two claim petitions and further liberty has been granted to the Insurance Company to recover the same from the owner of the vehicle. In petition titled “Abdul Ahad Bhat and others Versus Bajaj Allianz General Insurance Company Limited & Anr”, a sum of Rs. 6,50,000/ has been awarded in favour of claimants, whereas in petition, titled, “Mohammad Ramzan Dar and others Versus Bajaj Allianz General Insurance Company Limited. & Anr”, sum of Rs. 12,04,000/ has been awarded in favour of claimants.

2. Mac App. No.38/2020 and Mac App. No.37/2020 have been filed by the Appellant-Insurance Company, primarily on the ground that the owner was liable to pay compensation and the liability could not have been fastened upon the Appellant-Insurance Company as the Tribunal had held that both the deceased persons, namely, Abdul Hamid Dar and Mohsin Bhat, were travelling as gratuitous passengers.

3. Other two appeals i.e. Mac App. No.61/2020 and Mac App. No.63/2020 have been filed by the owner-cum-driver of the vehicle namely Rouf Ahmed Bhat, against the same award on the ground that the learned Tribunal has wrongly come to the conclusion that both the deceased persons were travelling as gratuitous passengers and further that the vehicle was insured with the Respondent-Insurance Company and the appellant- owner had paid an extra premium of Rs.75.00 that covers the liability for operation/maintenance for three persons and further that Tribunal has failed to appreciate that the Respondent-Insurance Company was under statutory obligation to pay compensation to the claimants, as the Respondent- Insurance Company had failed to establish that there was any breach of terms and conditions of the policy by way of cogent evidence.

4. Mr. Imtiyaz Ahmad, learned counsel for the Insurance Company has vehemently argued that once the Tribunal concluded that both the deceased persons were travelling in the goods vehicle as gratuitous passengers, so no direction could have been issued to the Insurance Company to pay the award amount to the claimants as it was the sole responsibility of the owner of the vehicle to satisfy the award.

5. Mr. Omais Kawoos, learned counsel for owner-driver of the vehicle, vehemently argued that there was abundant evidence that the deceased Mohsin Ahmad Bhat was travelling in a vehicle being the owner of the goods and the deceased Abdul Hamid Dar was travelling as a labourer, as such no liberty could have been granted to the Insurance Company to recover the awarded amount from the owner-driver. He has placed reliance upon the judgment of Hon’ble Apex Court in case titled “Hanumanagouda v. United India Insurance Co. Ltd.”, (2014) 9 SCC 341.

6. M/S G. N. Shaheen and Altaf Khan, learned counsels appearing for the claimants in all the appeals submitted that the learned Tribunal has rightly passed the award and there is no infirmity in the award.

7. Heard and perused the record. The quantum of the compensation has not been disputed by any of the parties.

8. The facts which are necessary for the disposal of these present appeals are that the claimants/petitioners in claim petition tiled “Mohammad Ramzan Dar and others versus Bajaj Allianz General Insurance Company Limited &Anr.” filed a claim petition for grant of compensation on account of death of Abdul Hamid Dar, aged 22 years, son of claimants/petitioner No.1 and 2, who died in a road accident on 20th September, 2021 at 2: 15 PM.

9. The claimants/petitioners in claim petition titled “Abdul Ahad Bhat and others versus Bajaj Allianz General Insurance Company Limited &Anr.” filed the claim petition for grant of compensation on account of death of Mohsin Ahmad Bhat, aged 17 years, in the same road accident. In the said claim petition, it was also stated by