ORIENTAL INSURANCE CO LTD Vs. PREMA

JUDGEMENT

(1.) THOUGH the matter is listed for admission, by consent of learned advocates for the parties and also in view of the fact that Tribunal records have been received by this Court, the appeal is taken up for final disposal.

(2.) THIS is an appeal by insurer questioning the judgment and award passed in MVC No. 1341/1995 dated 10-3-2005 by the Civil Judge (Sr. Dn) and Addl. MACT, Haveri, whereunder claim petition filed by the wife and mother of the deceased came to be allowed in part and a compensation of Rs.2,60,704/- with interest at 6% per annum has been awarded.

(3.) SRI. SRIlshaila, learned counsel appearing for the Insurer would contend that deceased was traveling in a goods vehicle and passengers cannot be carried in a goods vehicle and as such the deceased is a gratuitous (unauthorized) passenger in the goods vehicle and there is no coverage for such persons under the policy /Ex. R-1, as such the appellant/insurer is not liable to indemnify the insured and pay compensation to the claimants. He would elaborate his submission by contending that accident occurred prior to amendment Act 54 of 1994 which came in to force (14-11-1994) and as on the date of the accident traveling in a goods carriage which is constructed solely for the purposes of carriage of goods was prohibited and thus he submits it would be in violation of the terms and conditions of the policy. He would submit that tribunal erred in not considering the precedents laid down by the Honorable apex Court in RAMESH KUMAR VS. NATIONAL INSURANCE CO. LTD. AND OTHERS reported in (2001) 6 SCC 713 and NEW INDIA ASSURANCE CO. LTD. VS ASHA RANI AND OTHERS reported in (2003) 2 SCC 223. He would also contend that the tribunal committed an error in not framing an issue in this regard though such plea had been raised. On these grounds he seeks for setting aside the award of the tribunal and prays for absolving the insurer from indemnifying the insured.