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IN THE HIGH COURT OF MADHYA PRADESH (JABALPUR)
Bhawani Singh, A.K. Mishra, J.
Oriental Insurance Company Limited, Itarsi
Vs.
Smt. Susheela Bai and others
Misc. Appeal No. 760/2000
Decided On: 09.10.2000
Compensation - Conductor - Fare Paying Passenger - Gratuitous Passenger - Apex Court Decision
Fact of the Case:
The court determined whether the deceased was a conductor, a fare paying passenger, or a gratuitous passenger in a vehicle, leading to the responsibility for compensation payment.
Finding of the Court:
The court found that the deceased was a gratuitous passenger based on the evidence, and held the appellant responsible for compensation payment. The appellant's challenge to the quantum of compensation was dismissed due to lack of permission from the Tribunal.
Issues: The main issue was the determination of the deceased's status in the vehicle, impacting the responsibility for compensation payment.
Ratio Decidendi: The court relied on the Apex Court decision in New India Assurance Company Limited Vs. Satpal Singh to support its finding regarding the deceased's status and the quantum of compensation.
Final Decision: The appeal was dismissed, and the appellant was allowed two months' time for making the payment.
Bhawani Singh, C.J.
1. The only question for determination in this case was whether the deceased was conductor in the vehicle in question or was a fare paying passenger or a gratituous passenger. The Tribunal has come to the conclusion that he was not conductor. Responsibility for payment of compensation has been held to be that of the appellant obviously on the ground that he was a gratuituous passenger, as evidence in the case does not suggest payment of fare by him. In this situation, Apex Court decision in 2000(2) M.P.H.T. 340 = AIR 2000 SC 235, New India Assurance Company Limited Vs. Satpal Singh applies. The quantum of compensation cannot be assailed by the appellant in the absence of permission from the Tribunal under Section 170 of the Motor Vehicles Act, 1988. Consequently, there is no merit in the appeal. The same is dismissed.
2. Shri Ruprah prays for and is allowed two months' time for making the payment.
3. Certified copy be supplied.
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