The Single Judge Bench of the Gauhati High Court, comprising Justice Parthiv Jyoti Saikia in the case of New India Assurance Co. Ltd. v. Karuna Barman and 2 Ors. has upheld the order of compensation passed by Motor Accident Claim Tribunal by denying the claimant as ‘gratuitous’ passenger.
Facts of the Case
The Insurance Company herein after Appellant has contested the claim case before the Tribunal by filing written statement against the compensation awarded by the Tribunal by holding the claimant as non gratuitous passenger.
Reasoning and Decision of the Court
The Bench considered the submissions made by the learned counsels for both the sides and expounded that the Motor Vehicles Act, 1988 does not define the expression ‘gratuitous passenger’. However, Section 147(1)(b)(ii) of the Act expressly exempts the case of a ‘gratuitous passenger’ in a goods vehicle in a public place. But gratuitous passenger would mean one who has taken lift.
The Court was also informed by the claimant that he was the second driver of the vehicle and was sitting inside the driver’s cabin.
Considering all the arguments, the Court held that there is no evidence in this case that the claimant was a gratuitous passenger and the insurance policy i.e. Exhibit-B does not stipulate the nature of employment of the employees covered by the policy. Therefore, the claimant is not a gratuitous passenger.
The Appeal is devoid of merit and stands dismissed accordingly.
Case Details
Case:- MACApp./84/2013
Petitioner:- New India Assurance Co. Ltd.
Respondent:- Karuna Barman and 2 Ors
Counsel for the Petitioner - MR.S DUTTA
Counsel for the Respondent - MR.C CHOWDHURY
Judge: Justice Parthiv Jyoti Saikia
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