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Judgment
Amitava Lala, J.—This is an appeal of Nagar Palika Parishad, Muzaffar Nagar challenging the judgment and order dated 10th April, 2008 passed by concerned Motor Accidents Claims Tribunal, Muzaffar Nagar. The quantum of the awarded amount is Rs. 3,33,400/- on account of death of pillion rider of the motor cycle i.e. different vehicle. The accident was caused due to rash and negligent driving of the motor vehicle i.e. Swaraj Mazda. The deceased was aged about 30 years working as mason. The tribunal arrived at the finding of monthly income at Rs. 2,400/- after making 1/3rd deduction and applying multiplier of seventeen.
Learned Counsel appearing for the insurance company contended before this Court that the pillion rider is a gratuitous passenger following the judgment of Supreme Court reported in United India Insurance Co. Ltd., Shimla Vs. Tilak Singh and Others, He further contended that such judgment was followed in the latest Supreme Court judgment being Civil Appeal No. 3634 of 2003 (Oriental Insurance Co. Ltd. v. Sudhakaran K.V. and Ors.). However, the Division Bench of this Court presided over by one of us (Amitava Lala, J.) by its judgment reported in 2008 (71) ALT 870 (National Insurance Co. Ltd. v. Smt. Kusum and Ors.) taken a view that so far as different vehicle is concerned the pillion rider cannot be said to be gratuitous passenger being third party. Supreme Court by the above referred latest judgment propounded the same view which is as follows:
(iii) the pillion rider in a two wheeler was not to be treated as a third party when the accident has taken place owing to rash and negligent riding of the scooter and not on the part of the driver of another vehicle.
In our considered opinion the appellant cannot avoid the responsibility to pay compensation on account of death of pillion rider of different vehicle i.e. motor cycle. Hence, the appeal is dismissed at the stage of admission without imposing any cost.
Incidentally, the appellant prayed that the statutory deposit of Rs. 25,000/- made before this Court for preferring this appeal be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.
A.P. Sahi, J.
I agree.