UNITED INDIA INSURANCE COMPANY LTD Vs. LALITHABAI

JUDGEMENT

(1.) WHETHER carrying of "one or two bags of grains'' in a goods vehicle will amount to "carrying of goods'' is the question that is involved in this appeal.

(2.) BRIEFLY stated the facts are to the effect that the deceased eranna was found travelling in a lorry bearing No. AHT 6393 carrying "two bags" of pulses and jowar and the said lorry belonging to the respondent No. 7 herein dashed to a parked lorry bearing No. ATT 1851 at about 5. 00 A. M. near Sadashiv Pet on 6. 8. 1996. Following the said accident, the above said Eranna sustained injuries on his vital parts of the body and died on the spot. A case was registered against the driver of the lorry no. AHT 6393 for rash and negligent driving. The claim petition filed by the wife and children of the deceased Eranna came to be allowed by the MACT, Basavakalyan awarding a sum of rs. 2,79,200/- as compensation and putting the liability on the appellant-Insurance Company. Aggrieved by the said order of the tribunal, the Insurance Company is in appeal.

(3.) I have head the submissions made by Sri A. M. Venkatesh, the Learned Counsel for the appellant and Sri Praveen Kumar raikote, the Learned Counsel appearing for the respondent Nos. 1 to 6 and perused the record of this case.