Insurance companies are not liable for compensating injuries to gratuitous passengers in goods vehicles under applicable Motor Vehicles regulations.

1. Since the above appeals arise out of the common award dated 14.2.2013 passed by the learned Additional Motor Accidents Claims Tribunal, Balod, Distt. Durg, C.G. in Claim Case No. 252 of 2011, the same are being decided by this common order.

2. MAC No. 517 of 2013 was filed by appellant, Shriram General Ins. Co. Ltd., insurer of tractor challenging fastening of 50 per cent liability upon it on the ground that deceased was travelling in trolley at the time of accident and further that there was breach of conditions of insurance policy as no person can travel on tractor or in trolley except the driver. The deceased was a 'gratuitous passenger' and his risk was (sic not) covered under policy.

3. MAC No. 564 of 2013 is preferred by appellant, National Insurance Co. Ltd., insurer of trolley challenging fastening of liability upon it to be erroneous, as the deceased was a 'gratuitous passenger' and no premium was paid for covering the risk of gratuitous passenger, and also on the ground that as the deceased was travelling in a goods vehicle, where there is no space for any person to sit except the driver of that vehicle, no liability could have been fastened upon appellant, National Insurance Co. Ltd.

4. Facts relevant for disposal of the above two appeals are that, on 21.3.2011, Jagdish Sahu and his companions, namely, Samaru and Jahariram were travelling on a tractor and trolley bearing registration Nos. CG 04 - DB 9708 and CG 07 - N 3290 respectively, after unloading agricultural products (chaff) at village Tekapar and were returning to their village - Phardapgedh. On the way, in between village Rengadebri and Banjari, NA 1 / driver of tractor - trolley drove the vehicle rashly and negligently, on account of which, Jagdish Sahu fell down from trolley and came under its wheel. Trolley was owned by NA 4 and it was insured with NA 5 / National Insurance Co. Ltd., appellant in MAC No. 564 of 2013.

5. Claimants, who are widow, minor children and widowed mother of deceased filed an application under S.166 of the Motor Vehicles Act seeking total compensation of Rs. 20,20,000 on account of untimely accidental death of Jagdish Sahu (hereafter referred to as 'deceased'), pleading therein that on the date of accident, deceased was aged about 25 years and was earning Rs. 6,000 per month. He was only breadwinner in the family and all the claimants were dependent upon the income of the deceased.

6. NA Nos. 1, 2 and 4, who are driver, owner of tractor and owner of trolley respectively, submitted their reply to the claim application jointly, denying the fact of accident. They further pleaded that amount claimed in the claim application was highly exaggerated; on the date of accident, driver of offending vehicle was possessing valid and effective driving licence; there was valid permit and fitness; and on the date of accident, tractor was insured with NA 3 / insurance company, appellant in MAC No. 517 of 2013 and trolley was insured with NA 5 / insurance company, appellant in MAC No. 564 of 2013. The deceased fell down from the tractor due to his own negligence.

7. NA 3 / insurance company of the tractor submitted reply to claim application pleading therein that at the time of accident along with driver of tractor, 3-4 other persons were also travelling on it, where there was only one seating capacity on the vehicle, i.e., for driver. There was breach of conditions of insurance policy; the deceased was gratuitous passenger. Gratuitous passenger on tractor or goods vehicle will not come within the purview of third party. No premium was charged / accepted by the insurance company for any passenger. There was no liability to make payment of any amount of compensation.

8. NA 5 / insurance company of trolley pleaded t