UNITED INDIA INSURANCE COMPANY LTD Vs. NIRMALA DEVI

JUDGEMENT

(1.) THE Appellant United India Insurance Company Limited takes exception to the judgment dated 20.12.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) on the ground that the deceased was travelling in a goods vehicle and thus, the Appellant Insurance Company had no liability to pay the compensation at all. The Claims Tribunal erred in making the Appellant liable to pay the compensation.

(2.) THE learned counsel for the Appellant places reliance on New India Assurance Co. Ltd. v. Asha Rani, (2003) 2 SCC 223 wherein the previous decision in New India Assurance Co. Ltd. v. Satpal Singh, (2000) 1 SCC 237 was overruled and it was held that Section 147 of the Motor Vehicles Act, 1988 (the Act) did not impose any statutory liability on the owner of the vehicle to get his vehicle insured for any passenger travelling in a goods vehicle and therefore, the insurer would not be liable for the claim of such person travelling in a goods vehicle.

(3.) AS per the averments made in the Claim Petition, the deceased was working with Blue Bell, Dairy at G.P.F. & V. Mandi, Delhi and was drawing a salary of Rs.5,000.00 per month. Although, in the written statement filed by the Appellant Insurance Company a plea was taken that the deceased was travelling in a goods vehicle in contravention of the terms of policy of the insurance. However, during inquiry before the Claims Tribunal the policy of insurance was neither produced nor proved nor even a suggestion was given to the Claimant PW-1 Smt. Nirmala Devi that the deceased was not travelling in the capacity of representative of the owner of the goods but only as a gratuitous passenger.