- (1.) ISSUE INVOLVED Short question involved in this appeal is, as to whether the victim, while travelling with containers for collecting fish from the wholesale fish market, Could be considered as a gratuitous passenger disentitling him to get any compensation due to motor accident, from the Insurance Company. FACTS
(2.) The facts would depict, Smt. Anna Bauldas, Chitta Bauldas and Tuku Bauldas filed application for compensation claiming that the victim being their husband and father respectively died in an accident involving motor vehicle being no. WB 23A/ 6236. The victim was travelling by the subject vehicle that was meant for carrying goods. The victim was going to the wholesale fish market for purchasing fish. He was carrying containers meant for carrying fish after purchase from the fish market. The vehicle met with an accident on Barrackpur- Kalyani Express Highway on May 27, 2006. Due to the accident the victim succumbed to the injury along with two other similarly circumstanced persons. The other victims were also going to the fish market by the same vehicle along with containers for collecting fish.
(3.) The Tribunal held, the claimants could not prove through any documentary evidence that the deceased had hired the vehicle and had been proceeding in the said vehicle as owner of the goods , hence, the claimants would not be entitled to any compensation from the Insurance Company. The Tribunal assessed the compensation and asked the owner of the vehicle to pay the same. Hence this appeal by the appellants. FMA 1300 of 2010;