UNITED INDIA INSURANCE COMPANY LIMITED Vs. GANGUBAI

JUDGEMENT

(1.) Whether the "Idol of Ganesha" carried in the Trailer attached to Tractor comes within the definition "goods" and whether the Insurance Company is liable to cover the risk of owner of authorised representative of the owner of the goods having regard to the provisions contained under Section 147 of the MV Act are the two questions that call for an answer in these appeals.

(2.) MFA 13005/07 is preferred by the United Insurance Company questioning the liability fastened on it by the MACT and the connected appeal MFA No.12455/07 is preferred by the claimants seeking enhancement of compensation. As both the appeals arise out of one and the same judgment, they are being disposed of by this common judgment

(3.) The claimants before the MACT were the wife and children of the deceased Hanamant Limakar and their case was that on 26.08.01 the said Hanamant Limakar was travelling in the tractor-cum-trailer bearing registration No.KA 37/T 3353-3354 along with few others in the capacity of representative of the owner of the goods in the sense, he was travelling carrying the Ganesha Idol in the trailer for immersion of the said idol in Krishna river. On the way, the rear portion of the trailer came in contact with the Hanamant Limakar and this was on account of rash and negligent driving of the tractor-cum-trailer and immediately following the injuries sustained Hanamant Limakar died. The claimants therefore sought compensation on the said ground.