DINESH KUMAR SINGHAL Vs. JASWANT SINGH

JUDGEMENT

(1.) THESE appeals have been preferred against the Award dated 27.5.89 passed by the learned Motor Accident Claims Tribunal, Jaipur (for brevity, 'the MACT'), whereby it awarded the compensation for an amount of Rs. 90,000/ - for the grievous injuries sustained by the claimant with interest @ 10% p.a. with effect from 28.4.83 i.e., date of filing claim petition. It was further directed that in case the amount of Award was not paid within two months then the claimant shall be entitled for interest @ 12% p.a.

(2.) SINCE both the appeals arise out of the same Award, those are being disposed of by this common judgment.

(3.) DINESH Kumar Singhal submitted claim petition for an amount of Rs. 3.65 lacs before the MACT, United India Insurance Company Ltd -insurer of Truck No. RSA 107, in its reply resisted claim on the ground that Dinesh Kumar Singhal was travelling in the said truck as a gratuitous passenger and that he was not travelling during the course of the employment of the owner of the said truck and as such, it had no liability to pay any compensation.