PADMA JOSHI Vs. SYED ABRAR ALI HAJMI

JUDGEMENT

(1.) THIS appeal is filed by the claimants for enhancement of compensation awarded by the Claims Tribunal and prayer to fasten the liability upon the insurance company.

(2.) DECEASED Chandrashekhar Prasad joshi died in an accident during the use of motor vehicle on 29. 1. 1998. After his death, claimants who are widow, son and daughters, had filed an application before the Claims Tribunal for award of compensation of Rs. 64,77,092 with interest. Application was opposed and after conclusion of evidence, the Claims Tribunal held that the offending jeep dashed against the truck, which was driven by non-applicant no. 1 in a rash and negligent manner. This finding pertaining to rash and negligent driving by the non-applicant No. 1, driver of the said vehicle is not challenged in the appeal. This appeal is confined to quantum of compensation as well as liability of the insurance company.

(3.) AS regards question of liability of the insurance company, this question has recently been answered by the Apex Court in the case of Oriental Insurance Co. Ltd. v. Meena Variyal, 2007 ACJ 1284 (SC)and it is held that the passenger travelling in a car met with an accident then in the event of his death insurance company is not liable to indemnify the insured as there is no contract between the insurance company and owner of the vehicle to indemnify the passenger travelling in the vehicle. Since question of liability is adjudicated by the Apex Court we affirm the finding of the Claims Tribunal that the insurance company is not liable to indemnify the insured for payment of compensation to legal representatives of the deceased.