ORIENTAL INSURANCE CO. LTD Vs. RAM SHANKAR MANDAL

JUDGEMENT

(1.) MAC APP.94/2005 and MAC APP.117/2005 arise out of a common judgment dated 24.08.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.2,61,000/ - was awarded to the Legal Representatives for the death of Ram Kishore (MAC APP.117/2005) and Rs.17,000/ - in favour of the first Respondent Ram Shankar Mandal (in MAC APP.94/2005) for suffering injuries in a motor accident which occurred on 16.05.1997.

(2.) THE factum of accident, negligence and quantum of compensation are not disputed by the Appellant Insurance Company.

(3.) THERE is a distinction between the defences available to the Insurance Company under Section 149 (2) of the Act and the statutory coverage of insurance under Section 147 of the Act. In cases where the Insurance Company alleges breach of the terms of policy, it is required to prove the same. But, where risk in respect of a person i.e. passenger travelling in a goods vehicle is not required to be covered under the insurance policy, the Insurance Company could not be made liable at all. The words ,,injury to any person, including owner of the goods or his authorized representative carried in the vehicle were added in Section 147 (1) (b) (i) of the Act only to provide coverage to the owner of the goods or his authorized representative being carried in the vehicle.