NATIOANL INSURANCE CO LTD Vs. AISHABI

JUDGEMENT

(1.) WHETHER a person travelling in a goods vehicle without the goods being carried by him can be brought within the expression "owner of the goods" under section 14 of the Motor Vehicles Act, 1988 ('1988 Act' for short) and therefore, the insurance company is liable, is the question that calls for an answer in this appeal.

(2.) THE facts briefly stated are to the effect that one Mohammed Isaac travelled in the lorry bearing No. KA-20/2911 with fish boxes and the journey started from Sagar and after unloading the fish boxes at Bhadravathi, the vehicle was returning back to Sagar and the said Mohammed Isaac travelled back in the said lorry. On the way near Kone Hosur, on account of the driver of the lorry losing control of the vehicle, the accident occurred and the lorry fell upside down. Mohammed Isaac and other passengers who were in the lorry sustained injuries and Mohammed Isaac died subsequently. The claim petition filed by the mother of the deceased Mohammed Isaac was allowed by the MACT, Sagar, quantifying the compensation at Rs. 2,18,000/ -. The liability was put on the appellant-insurance company. Aggrieved by the said award of the Tribunal, the insurance company is in appeal.

(3.) THE main contention put forward by the learned counsel for the appellant Sri Sowri raju is that at the time when the accident occurred, the deceased was found travelling as a passenger in a goods vehicle and not as a owner of the goods and therefore, no liability will fall on the insurance company. The Tribunal, therefore, was totally in error in putting the liability on the appellant to satisfy the award in respect of the claim made by the mother of the deceased. The question of insurance company becoming liable in respect of a person travelling as a passenger in a goods vehicle does not arise. 'hence, the impugned award of the MACT insofar as putting the liability on the appellant has to be set aside.