- (1.) HEARD learned counsel for the appellant.
(2.) THE instant appeal has been preferred by the appellant, The New India Assurance Company Ltd., against the judgment cum award dated 9.8.2001 passed by the learned Judge, Motor Accident Claims Tribunal, Bhilwara in Motor Accident Claim Case No.478/1996 whereby the learned Tribunal awarded a sum of Rs.40,000/ - to the claimant/respondent no.1 as compensation for the injuries suffered by him in the accident, the liability whereof was distributed jointly and severally on the insurer, owner and driver respectively of the offending vehicle. The appellant insurance company has approached this Court against the said direction holding it to be jointly and severally liable along with the owner and driver of the offending vehicle to satisfy the award. Shri D.K. Bhootra, learned counsel for the appellant, vehemently urges that the driver of the vehicle was not holding a proper license to drive the truck which was a transport vehicle. He further urges that the claimant was sitting in the vehicle as a gratuitous passenger and thus, the insurance company was not liable to satisfy the award because the truck was insured for third party risk. The occupant of the vehicle was not covered under the definition of third party and thus, the insurance company should be exonerated from the responsibility to indemnify the award.
(3.) NO one is present on behalf of the respondents despite service.;