FAO No.2571 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2571 of 2009 Date of decision:6.7.2011 Gulzar Singh and another ...Appellant Versus Kali Charan and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vikram Jain, Advocate, for the appellant. Mr.Vinod Gupta, Advocate, for the Insurance Company. -.- JITENDRA CHUAHAN, J. The present appeal is directed against the award dated 15.1.2009, passed by the learned Motor Accident Claim Tribunal, Panchkula, (for short `the Tribunal) whereby the claim petition filed by Kali Charan and Smt. Billo Devi (herein respondent Nos. 1 and 2) was accepted. Brief facts of the case are that on 20.2.2007, the deceased Deepa Rani and other ladies were standing near HMT Petrol Pumb on the National Highway No.22 for going to their village Rampur Seuria. In the meantime, a tractor-trolley bearing registration No.HR-03-H-2721, being driven by respondent No.1 came from Pinjore side. The appellant No.1 allowed the passengers including the deceased to travel on the trolley after offering lift by the passengers. Thereafter, respondent No.1 started driving in a rash and negligent manner and resultantly, the said vehicle met with an accident and due to which, Deepa Rani died and other persons received FAO No.2571 of 2009 2 injuries. After framing of issues and allowing the parties to lead evidence, the learned Tribunal vide award dated 15.1.2009 accepted the claim petition of the claimant/respondent and held that the awarded amount shall be paid by driver and owner of the offending vehicle jointly and severally to the claimant. Learned counsel for the appellants has submitted that the award of the learned Tribunal is liable to be set aside as the learned Tribunal has erred in not framing the issue regarding the liability of the Insurance Company who was one of the respondents. On the other hand, learned counsel for the Insurance Company has submitted that it is proved on record that the claimants were gratuitous passengers and, therefore, the Insurance Company cannot be held liable to pay any compensation. I have heard the learned counsel for the parties. From the perusal of record, it is established that the said accident took place due to rash and negligent driving of appellant No.1, which is evident from the statements of injured eye-witnesses. It is also proved on record that the deceased and the injured claimants were gratuitous passengers, therefore, the Insurance Company cannot be held liable to pay any compensation. The age of the deceased as well as age of the parents of the deceased are not disputed by the learned counsel for the appellant. The learned Tribunal has applied a suitable multiplier keeping in view the average age of the parents of the deceased and thus, no fault can be found. FAO No.2571 of 2009 3 The learned counsel for the appellants has failed to point out any legal infirmity in the award of the learned Tribunal. In view of above, I find that there is no substance in the present appeal and accordingly, the same is dismissed. 6.7.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No