UNITED INDIA INSURANCE CO LTD Vs. DODDAHALLAPPA

JUDGEMENT

(1.) THE deceased one Raju Doddahalappa was employed as cleaner in Truck bearing No. CAK 7171. The said truck broke down. The deceased for the purpose of getting it repaired boarded lorry bearing No. KA-37/2528 to bring the mechanic. On the way the lorry bearing No. MH-10/a-2286 coming from opposite direction dashed against lorry No. KA-37/2528 resulting in death of Raju Doddahalappa. The appellant is the insurer of the lorry bearing No. CAK 7171.

(2.) IN the context of the above facts, whether the insurer of the lorry bearing No. CAK 7171 is liable to pay compensation ?

(3.) THE proviso to Section 147 reads thus :