Gratuitous Passenger Not Entitled To Motor Accident Claim: Sc

In the event of a goods vehicle's accident, gratuitous passengers travelling in it cannot claim compensation for death or injuries from an insurance company, the Supreme Court has ruled. Only the owner of the goods being carried by the vehicle or his authorised representatives will be entitled to such a compensation, the court said. The apex court rejected the arguments of a plea made on behalf of a deceased person that he was a member of the marriage party which was escorting the gifts received from the bride's party and hence entitled to compensation. "The witnesses examined on behalf of the claimants themselves stated that about 30-40 persons were travelling in the truck. All 30-40 persons by no stretch of imagination could have been the representatives of the owners of goods, meaning thereby, the articles of gift," the apex court said. Interpreting Section 147 of the Motor Vehicles Act the apex court said that in cases of accidents involving goods, it is only the owner of the goods or his authorised representatives who would be entitled to compensation. A bench of Justices S B Sinha and Cyriac Joseph passed the ruling while setting aside a compensation of Rs 1.4 lakh awarded by the motor accidents tribunal and affirmed by the Punjab & Haryana High Court in this matter. The accident took place on 15th May, 2002 when the deceased Sunil Kumar, along with other injured persons belonging to a marriage party of 30-40 persons, was travelling in a Tata goods vehicles which met with an accident in which he died. Rejecting the National Insurance Company's plea that the claimants were not entitled to any compensation as they were travelling in a goods vehicle unauthorisedly, the Motor Vehicles Accidents Tribunal ordered it pay a compensation of Rs 1.40 lakh. The High Court dismissed the insurer's appeal, upon which it moved the apex court. In the apex court, the claimants took a fresh plea that they were entitled to compensation as the deceased was part of the troupe which was escorting the marriage gifts when the accident took place en route Kusumbhi village in Haryana. In other words, they contended that they were entitled to the claim under the provision of 147 under which the owner of goods or his/her representatives were entitled to compensation in case of an accident. However, the arguments failed to convince the apex court which felt that by no stretch of imagination a 30-40 member marriage troupe could be deemed to be accompanying the marriage gifts on behalf of the groom. Accordingly, it said the insurance company was not liable to pay the compensation.

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