GOPAL Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The claimants are in appeal challenging the award of the Tribunal, by which, the Tribunal, while awarding a sum of Rs.4,500.00, has, however, proceeded to exonerate the Insurer of liability on the ground that the deceased was travelling in a goods autorickshaw and the Insurer would, therefore, not be liable to satisfy the compensation.

(2.) It is not in dispute that the 'B' register extract which was produced by the Insurer themselves as Ex.R1 clearly indicated that the carrying capacity of the goods autorickshaw was two.

(3.) In the light of the fact that it was also not in dispute that the deceased was an authorised representative travelling in the vehicle along with goods, the liability of the Insurer to pay the compensation cannot be avoided. Though it is contended that apart from the driver and the deceased, there was yet another passenger being carried in the vehicle, in the light of the fact that no claim has been made by the other claimant, the present claim petition filed by the legal representatives of the deceased will have to be decided on merits, as the liability of the Insurer to satisfy the compensation in respect of a driver and another passenger cannot be in dispute.