DEVENDRA KUMAR SETHIA Vs. JASODA PANIGRAHI

JUDGEMENT

(1.) This is owner's appeal directed against the award dated 13th January, 2010, passed by the Additional Motor Accident Claims Tribunal, Gariyaband, District Raipur (for short 'the Tribunal') in Claim Case No. 51/2009, whereby and whereunder an amount of Rs. 1,85,000 has been awarded in favour of the claimants along with interest @ 7.5 per cent per annum, holding the appellant responsible for its payment; exonerating the Insurance Company from its liability to pay compensation.

(2.) The brief facts of the case are as under:

(3.) Mr. Prafull Bharat, learned Counsel appearing for the appellant, after admitting the fact that policy issued for respondent No. 4 is for the agricultural purposes, would contend that as per cross-examination of Narsingh (AW-2) it is clear that the deceased was sitting in the tractor trolley attached with the tractor along with his goods; as held by Supreme Court in case of M/s. Natwar Parikh and Co. Ltd. v. State of Karnataka and Others, a tractor attached with trolley would constitute a "goods carriage" under Section 2(14) and consequently transport vehicle under Section 147 of the M.V. Act, the owner of goods or his representative is entitled to travel in the goods vehicle along with his goods in terms of Section 147 of the M.V. Act, and therefore, the Tribunal has erred in exonerating the Insurance Company from its liability to pay compensation.