NATIONAL INSURANCE CO. LTD. Vs. ALIPEER AND ANOTHER

JUDGEMENT

(1.) THE petitioner in M.V.C. No. 347 of 2000 travelling in the goods vehicle along with three quintals of Ragi. The vehicle met with an accident, resulting personal injuries to the petitioner. The Tribunal awarded compensation of Rs. 16,000 with interest at 6 per cent per annum from the date of the petition till payment. The insurer of the lorry is directed to pay the compensation. The insurer is in appeal seeking avoidance of the liability on the ground that the petitioner is an unauthorised passenger in the goods vehicle.

(2.) PETITIONER has pleaded and proved that he was travelling in the lorry along with three quintals of Ragi., which fits into the definition of the goods under Section 2(13) of the Motor Vehicles Act.

(3.) THE Counsel for appellant contends that the lorry in question was exclusively hired for transportation of rice bags and was fully loaded. Therefore, it is impermissible to infer that petitioner has hired the lorry for transportation of three quintals of Ragi. It is further argued that insurer incurs liability under Section 147 only when the entire lorry is exclusively hired by the owner travelling along with his goods.