NATIONAL INSURANCE COMPANY LIMITED Vs. BALJIT KAUR

JUDGEMENT

(1.) -Leave granted.

(2.) The question that arises for consideration in these appeals is whether an insurance policy in respect of a goods vehicle would also cover gratuitous passengers, in view of the legislative amendment in 1994 to S. 147 of the Motor Vehicles Act, 1988.

(3.) The first respondent herein preferred a claim petition for compensation before the Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as the Claims Tribunal), in view of the death of her sixteen year old son, Sukhwinder Singh, due to the allegedly reckless driving by the second respondent and driver of the goods vehicle, bearing Number PB-10-U-8937, on February 19, 1999. It was found by the Claims Tribunal that the victim, who was returning in the truck from a marriage ceremony, died as a result of the rash and negligent driving by the driver of the goods vehicle, the second respondent herein. It was an admitted fact that the said vehicle was insured with the appellant-Insurance Company.