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Judgment
This appeal is directed against the award of Motor Accident Claims Tribunal awarding Rs. 1,17,500/- as compensation to claimant-respondent.
The claim petition was filed by the claimant-respondent with the allegations that the son of respondent No. 1 while travelling in Truck No. CPG-7932 met with an accident in which his son died. The accident was caused due to rash and negligent driving of the driver of the truck.
The claim petition was contested by the appellant on various grounds. The Tribunal recorded finding that the accident was caused due to rash and negligent driving of the driver of the truck in question and after considering the material evidence on record, came to the conclusion that the claimant-respondent was entitled for compensation of Rs. 1,17,500/-.
This order of the Tribunal has been challenged in the present appeal.
We have heard Mr. Arvind Kumar, learned Counsel for the appellant. Learned Counsel for the appellant contended that the truck in question was insured as goods vehicle and it was not liable to pay compensation if passengers were carried on goods vehicle.
In New India Assurance Company Vs. Shri Satpal Singh and Others, , it was held that if the vehicle is insured covering third party risk, the Insurance Company is liable to pay compensation to gratuitous passenger irrespective of nature of vehicle. In view of this decision, we do not find any merit in this appeal.
The appeal is accordingly dismissed.
Rs. 25,000/- deposited by the appellant in this Court, shall be remitted by the Registry of this Court to the Motor Accident Claims Tribunal concerned for payment/adjustment of the amount payable by the appellant to the claimant-respondents.