IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- F.A.O. No. 2919 of 2007 Date of decision: 27.2.2008 Oriental Insurance Company Limited --- Appellant Versus Taro Devi and others --- Respondents --- CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL --- PRESENT: Ms. Veena Ashwani Talwar Advocate for the appellant. Ms. Meenu Sharma, Advocate, for respondent No.1. Mr. Sachin Rai Vaid, Advocate for respondent No.2. Mr. Ashish Sharma, Deputy Advocate General, Haryana --- AJAY KUMAR MITTAL, J. This order will dispose of two First Appeals bearing Nos. 2919 and 2920 of 2007 as the same arise out of the same and common award passed by the Motor Accident Claims Tribunal, Ambala (for short “Tribunal”) dated 17.5.2007 in two separate claim petitions. Both these appeals have been filed by the Oriental Insurance Company challenging the award dated 17.5.2007 of the Tribunal by virtue of which liability to pay the compensation awarded to the claimants has also been fastened on it. F.A.O. No. 2919 of 2007 The background in which the compensation has been awarded is that on 20.8.2006, Mehar Chand and Madan Lal along with other persons were returning to their village in a TATA-407 bearing registration No. HR-37-A/1892 which was being driven by its driver Manoj Kumar. When this vehicle reached near Ambala road Kurukshetra bypass, the driver of the vehicle turned his vehicle towards Ambala side without looking on both sides of the road. Meanwhile a bus bearing registration No. HR-57/1346 allegedly being driven in rash and negligent manner came from the side of Ambala and collided with TATA-407. As a result of which aforesaid Mehar Chand and Madan Lal besides the drivers of both the vehicles died at the spot. The Tribunal on appreciation of the evidence held that the accident took place due to rash and negligent driving by both the drivers of the aforesaid two vehicles and, thus, assessed the liability of both the drivers and their respective insurers to the extent of 50% each. In the case of death of Mehar Chand, in respect of which FAO 2919 of 2007 has been filed, the Tribunal has awarded total compensation in the sum of Rs. 1,52,000/-;whereas in the case of Madan Lal deceased, FAO No. 2920 of 2007 has been filed and total amount of Rs. two lacs has been awarded as compensation. I have heard learned counsel for the parties and perused the impugned award. The primary contention of the learned counsel appearing on behalf of the appellant-Insurance Company is that it has throughout been the case of the appellant that both the deceased in respect of whom the compensation has been awarded vide the impugned award, were gratuitous passengers travelling along with other persons in TATA-407 2 F.A.O. No. 2919 of 2007 vehicle bearing registration No. HR-37-A-1892 and, therefore, liability to pay compensation could not have been fastened on the appellant. There is no dispute with the proposition of law that in case the Insurance Company is able to establish that the deceased were travelling as gratuitous passengers, it has to be out-rightly absolved of the liability to pay the compensation. A perusal of the award shows that this submission was raised with great vehemence before the Tribunal also. The Tribunal, after appreciating the entire evidence on record, returned a finding that both the deceased were travelling in TATA-407 bearing registration No. HR-37-A/1892 along with empty carets, being owners of the goods and, thus, it could not be said that they were travelling in the vehicle as gratuitous passengers at the relevant time. Learned counsel for the appellant could not show anything with reference to the material on record or otherwise, that the finding of the Tribunal in that behalf was wrong or illegal in any manner. In the context, the following observations of the Tribunal in the impugned award deserve to be noticed, which read thus: “The perusal of claim petition shows that it has specifically been mentioned therein that the deceased were returning towards their village in TATA-407 along with empty carets. RW-3 Sarwan Singh who is owner of TATA-407 has categorically deposed that on the fateful day, said vehicle was hired by Madan Lal (deceased) etc. for transporting fruits to Hisar and Barwala and on 20.8.2006, they were returning along with empty carets and when they reached on Kaithal – Ambala Road, said TATA-407 met with an accident with Haryana Roadways Bus. 3 F.A.O. No. 2919 of 2007 From the above, it is axiomatic that both the deceased were travelling in the TATA-407 bearing registration No. HR-37-A/1892 along with empty carets being owner of goods. Hence, it cannot be said that they were travelling in the said vehicle as gratuitous passengers on the fateful day.” In the light of the aforesaid observations of the Tribunal, the contention of the learned counsel for the appellant has no force. Consequently, there is no merit in the appeals and the same are dismissed. (AJAY KUMAR MITTAL) February 27, 2008 JUDGE *MALIK* 4