- (1.) AMITAVA Lala, J. This appeal has been preferred from a judgment and award of the Motor Accident Claims Tribunal dated 28-9-1992 in the Motor Accident Case No. 61 of 1991. The moot point of argument of the appellant-Insurance Company before this Court is that the person who ex pired, was gratuitous passenger, as such not entitled for any compensation. There was no occasion of such person to sit on the mudguard of the vehicle i. e. the tractor, which usually carry out goods. Learned Counsel appearing for the Insurance Company points out the scope and ambit of Section 147 of the Motor Vehicles Act, 1988.
(2.) WE have carefully gone through such Section and found in sub- section (;) (b) the words "any person", there after, the words "including owner of the goods or his authorised representative carried in the vehicle" were incor porated by way of amendment w. e. f. 14-11-1994. Learned Counsels, argued before this Court, by citing 3 Supreme Court judgments on the subject-matter whether gratuitous passenger can or cannot be allowed to get any compen sation in view of the ratio laid down by the Supreme Court. We have considered all the 3 judgments. The first judgment is in New India Assurance Co. Ltd. v. Asha Rani and Ors, 2002 (1) JCLR 430 (SC) : 2003 (3) AIC 145 : (2003) 2 SCC 223, when the other;; in National Insurance Co. Ltd. v. Baljit Kaur and Ors. , 2004 (1) JCLR 384 (SC) : 2004 (54) ALR 549 : 2004 (15) AIC 436 and National Insurance Co. Ltd. v. V. Chinnamma and Ors. , 2004 (57) ALR 296 : 2004 (22) AIC 805. In Asha Rani's case (supra) the ratio has been laid down by the Supreme Court that "any person" means any person but in subsequent 2 judgments the position has been clarified by Supreme Court to the extent of the premium paid. In Baljit Kaur's case (supra) it has been laid down as follows: "17. By reason of the 1994 amendment what was added is, "including owner of the goods or his authorised representative car ried in the vehicle". The liability of the owner of the vehicle to insure it compulsorily, thus, by reason of the aforementioned amendment included only the owner of the goods or his authorised representative carried in the vehicle besides the third parties. The inten tion of Parliament, therefore, could not have been that the words any person' occurring in Section 147 would over all persons who were travailing in a goods carriage in any capacity whatsoever, such was 'the intention there was no necessity of parliament to carry out amend ment inasmuch as the expression 'any person' contained in sub-clause) (i) of clause (b) of sub section (1) of Section 147 would have included the owner of the goods or his authorised repre sentative besides the passengers who are gratuitous or otherwise. " In the said judgment it has been further clarified in Paragraph 21, as under: "we, therefore, clarify the legal position, which shall have prospective effect. "
(3.) IN V. Chinnanma's case (supra) Supreme Court held that the Factor cannot be held to be passenger's vehicle. However, in the operative para graph it was said that "however, even if it be assumed that: the trailer would answer the description of the "goods carriage" as contained in Section 2 (14) of Motor Vehicles Act, the case would be covered by decision of this Court in Asha Rani's case, (supra) and other decisions following the same, as the ac cident had taken place on 24-11 -1991, i. e. , much prior to coming into force of 1994 amendment. In the instant case, date of oc currence is 15th April, 1991 much prior to the amendment. Therefore, the old ratio will be applicable in this case in getting the benefit from the Insurance Company. In further on the argument of differentiation, the learned Counsel ap pearing for the appellant Insurance Company wanted to make differentia tion of classes of vehicle on the strength of Section 2 (21) read with Section 41 but we do net find on the basis. In our careful consideration we do not find any differentiation lies in between the category of vehicles. However, learned Counsel appearing for the appellant conceded to that extent.;