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2001 DIGILAW 1443 (PNJ)

Baljeet alias Sunda v. Angrejo

2001-12-21

BAKHSHISH KAUR

body2001
ORDER Bakhshish Kaur, J. - Angrejo and others, heirs of the deceased had filed a claim petition under Section 166 of the Motor Vehicles Act on account of death of Dalbir Singh in an accident. The claim petition was allowed. The claimants were awarded compensation to the tune of Rs. three lakhs to be paid by Baljeet Singh alias Sunda and Ajmer Singh respondent Nos. 1 and 2 jointly and severally along with interest at the rate of 12 per cent per annum whereas the claim petition qua National Insurance Co. Ltd. was dismissed. 2. Aggrieved by the judgment dated 9.9.1999 passed by the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal), the said Baljeet Singh and Ajmer Singh have preferred this appeal. 3. I have heard Shri Surinder Kumar Garg, learned counsel for the petitioner and Ms. Neena Madan, counsel for National Insurance Co. Ltd. 4. The findings of the learned Tribunal with regard to the accident, the dependency and the amount of compensation are not in dispute. The only point under consideration is whether the National Insurance co. (hereinafter referred to as the Insurance Co.) with whom the vehicle was insured, is liable to pay the compensation or that the appellants are liable to pay the compensation ? 5. The controversy as enumerated above stands at rest in view of the latest decision rendered by the Supreme Court in "New India Insurance Company v. Shri Satpal Singh, Vol. CXXIV - (2000-1) PLR 464", wherein, it has been held that "under the new Act, an insurance policy covering third party risk is not required to exclude gratuitous passengers in vehicle of any type or class. Hence the decisions rendered under the old Act vis-a-vis gratuitous passengers are of no avail while considering the liability of the Insurance Company in respect of any accident which occurred or would occur after the new Act came into force." 6. Concededly, the policy of insurance was in force at the time of accident. The vehicle was fully insured. Thus, the insurance Co. is liable to pay the compensation amount to the claimants and they cannot escape the liability in view of the observations of the Honble Supreme Court in New India Insurance Companys case (supra). 7. For the aforesaid reasons, this appeal is allowed. The vehicle was fully insured. Thus, the insurance Co. is liable to pay the compensation amount to the claimants and they cannot escape the liability in view of the observations of the Honble Supreme Court in New India Insurance Companys case (supra). 7. For the aforesaid reasons, this appeal is allowed. The judgment of the learned Tribunal is modified to the extent that the amount of compensation awarded to the claimants would be paid by all the respondents in the claim petition jointly and severally including the insurance company. Appeal allowed.