UNITED INDIA INSURANCE COMPANY LTD Vs. MANOJ

JUDGEMENT

(1.) The appellant - company is the insurer of a goods autorickshaw, which met with an accident while carrying some goods and the owner thereof, in it. The Tribunal after considering the claim of the victim / owner of the goods, passed an award directing the appellant to pay a sum of Rs.48,750/- towards compensation with 9% interest per annum.

(2.) The appellant takes exception to the above award contending primarily that the Tribunal ought to have exonerated it from the liability to indemnify the insured / owner of the vehicle inasmuch as;

(3.) Sri. Mathews Jacob, learned senior counsel who appears for the appellant, lays heavy emphasis on the fact that no provision had been admittedly made in the goods autorickshaw to accommodate the owner of the goods as a passenger. He points out that a goods autorickshaw is provided only with a driver's seat and nothing more. It is further contended by the learned senior counsel that there was absolutely no evidence to show that the claimant was the owner of the goods.