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1994 Supreme(P&H) 497

AMARJEET CHAUDHARY
Kusum Sood – Appellant
Versus
United India Insurance Company Limited – Respondent


Judgment

Amarjeet Chaudhary, J.

1. This appeal has been filed by the claimants against the award of Motor Accident Claims Tribunal, Ropar dated 30.8.1984 which on a claim petition filed by the claimants for the death of Shiv Darshan Sood, who died in a road accident on 28.10.1982, awarded Rs. 48,000/- as compensation alongwith interest at the rate of 12% from the date of claim petition and liability to pay compensation was fastened on Prem Chand. Driver of Car No. HPY-288. The Tribunal has exonerated United India Insurance Company Ltd. with whom the car was insured for the reason that the deceased Shiv Darshan Sood was travelling in his car as a gratuitous passenger.

2. In this appeal the case of the claimant-appellants is that the car HPY-288 was insured with the United India Insurance Company as such the liability should have been fastened on the Company. The other plea is that the income of the deceased and dependency of the claimants on the deceased had not been properly determined.

3. Mr. R.M. Suri, learned counsel for the Company has contended that as per the insurance policy Ex.P-2, the vehicle can be used for conveyance of passengers for hire or reward only and the deceased,























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