ORIENTAL INSURANCE CO LTD Vs. K BUDEN SAB

JUDGEMENT

(1.) THIS appeal is by the insurance company challenging the award passed by the M. A. C. T. , Bellary in so far as its liability to satisfy the award is concerned.

(2.) THE respondent No. 1 was carrying 200 bags of puffed rice in the lorry belonging to the respondent No. 2 and the lorry capsized and fell down on its right side and went into the tank. Consequently, 200 bags of puffed rice were lost and, therefore, he filed a claim petition claiming compensation of Rs. 14,030 being the value of 200 bags of puffed rice and Rs. 2,000 towards the value of the gunny bags and Rs. 30 being the loading charges. The appellant insurance company in its written statement denied the accident and claimed that the liability if any is subject to the conditions of the insurance policy. The Tribunal on appreciation of the evidence, on the issue regarding negligence, has held that the accident is due to negligence of the driver of the vehicle and awarded compensation of Rs. 12,030 with interest at 9 per cent per annum from the date of the petition till realisation and directed the respondent No. 2 and the appellant to pay the said amount as their liability is joint and several.

(3.) THIS appeal is by the insurance company contending that the appellant insurance company is not liable to satisfy the award since the insured has not taken any transit coverage for the goods carried in the vehicle and further contended that the terms of the policy have specifically excluded the loss, if any, occasioned while being conveyed. The Tribunal without considering the contention raised by the insurance company has awarded a sum of rs. 12,030.